Legal Opinion
Davis-McGraw, Inc. v. Johnson (In Re Johnson)
United States Bankruptcy Court, S.D. Georgia
Decided December 23, 1999No. 08-40067PublishedCited by 21 opinions
1Opinion of the Court
ORDER
JOHN S. DALIS, Chief Judge.
Raymond Johnson, Jr., and Annette Johnson (“the Johnsons”) seek to modify their confirmed Chapter 13 plan to surrender collateral in satisfaction of the secured claim of Davis-McGraw, Inc. (“Davis-McGraw”) and to allow any resulting deficiency following sale of the collateral as an unsecured claim. Davis-McGraw objects asserting that the dollar amount of their allowed secured claim was determined at confirmation, and cannot be satisfied nor altered by surrendering collateral which has since devalued. In addition, Davis-McGraw seeks attorney’s fees resulting…
2Cases cited10 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re JockUnited States Bankruptcy Court, M.D. Tennessee · 1989
- Johnson v. General Motors Acceptance Corp. (In Re Johnson)District Court, S.D. Georgia · 1994
- In Re RimmerUnited States Bankruptcy Court, W.D. Tennessee · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- 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 EzellUnited States Bankruptcy Court, E.D. Tennessee · 2006
- In Re KnappenUnited States Bankruptcy Court, D. New Mexico · 2002
- Coastal Credit, L.L.C. v. Mellors (In Re Mellors)United States Bankruptcy Court, W.D. Pennsylvania · 2007
- In Re BarclayUnited States Bankruptcy Court, N.D. Alabama · 2001
16 more not listed; retrieve them via the Exa API.