Legal Opinion

In Re Lorenz

United States Bankruptcy Court, E.D. Virginia

Decided April 19, 2007No. 19-31113PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER SUSTAINING FIRST CITIZEN BANK’S OBJECTION TO CONFIRMATION

David H. Adams, United States Bankruptcy Judge.

This matter is before the Court on First Citizens Bank’s (“FCB”) Objection to Confirmation of the debtor’s Chapter 13 Plan; specifically, FCB objects to the bifurcation of its claim and alleges that it should be paid as fully secured following the addition of the “hanging paragraph” 2 to § 1325 in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA”). The Court must determine whether the debtor may split or bifurcate FCB’s secured claim…

2Cases cited17 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  4. In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
  5. David H. Hillman Suzanne Hillman v. Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 2001

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3Cited by7 opinions

  1. In Re HayesUnited States Bankruptcy Court, M.D. Tennessee · 2007
  2. In Re LaDeauxUnited States Bankruptcy Court, S.D. Ohio · 2007
  3. In Re MatthewsUnited States Bankruptcy Court, D. South Carolina · 2007
  4. In Re StrangeUnited States Bankruptcy Court, M.D. Georgia · 2010
  5. In re McGinnessUnited States Bankruptcy Court, E.D. Tennessee · 2018

2 more not listed; retrieve them via the Exa API.

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