Legal Opinion

In Re Jock

United States Bankruptcy Court, M.D. Tennessee

Decided January 30, 1989No. Bankruptcy 388-00048PublishedCited by 68 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

I

The question presented is whether a Chapter 13 debtor can modify a confirmed plan to surrender a car to a secured claim holder and pay any deficiency as an unsecured claim. The debtor can amend to surrender the car. The debtor can pay the deficiency as an unsecured claim.

This is a core proceeding. 28 U.S.C.S. § 157(b)(2)(A), (O) (1988). The following constitute findings of fact and conclusions of law. Bankr.R. 7052.

II

This Chapter 13 case was filed on January 5, 1988. Without objection, the plan confirmed on February 9, 1988, provided for Boatmen’s…

2Cases cited12 opinions

United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
In Re CallisterUnited States Bankruptcy Court, D. Utah · 1981
Matter of AbercrombieUnited States Bankruptcy Court, N.D. Georgia · 1984
First State Bank v. Advisory Information & Management Systems, Inc. (In Re Advisory Information & Management Systems, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1985
In Re JohnsonUnited States Bankruptcy Court, D. Colorado · 1986

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

3Cited by68 opinions

In Re: Sahnica Denise Nolan, Debtor. Chrysler Financial Corporation v. Sahnica Denise NolanCourt of Appeals for the Sixth Circuit · 2000
In Re: Matthew Adkins, Debtor. David Wm. Ruskin, Trustee v. Daimlerchrysler Services North America, L.L.C., (Creditor)Court of Appeals for the Sixth Circuit · 2005
In Re RimmerUnited States Bankruptcy Court, W.D. Tennessee · 1992
In Re ColemanUnited States Bankruptcy Court, S.D. Georgia · 1999
In Re ZiederUnited States Bankruptcy Court, D. Arizona · 2001

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