Legal Opinion
In Re Duggins
United States Bankruptcy Court, C.D. Illinois
Decided June 12, 2001No. 19-90180PublishedCited by 23 opinions
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Bankruptcy Judge.
The value of a secured creditor’s collateral in a Chapter 13 case is typically deter mined through the plan confirmation process. The debtor’s plan usually states a secured claim amount, based upon an estimation of the value of the collateral. If the secured creditor agrees with the proposed valuation, it need take no action and both parties will be bound by the valuation when the plan is confirmed. If the creditor believes that the plan understates the value of its collateral, the creditor may object to confirmation and request a valuation hearing.…
2Cases cited22 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Department of the Air Force v. RoseSupreme Court of the United States · 1976
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- Chemetron Corporation v. JonesCourt of Appeals for the Third Circuit · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
- In Re ShankUnited States Bankruptcy Court, N.D. Georgia · 2004
- In Re SharpUnited States Bankruptcy Court, D. Colorado · 2009
- JE Livestock, Inc. v. Wells Fargo Bank, N.A. (In Re JE Livestock, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
- In Re BennettUnited States Bankruptcy Court, W.D. Kentucky · 2004
18 more not listed; retrieve them via the Exa API.