Legal Opinion

In Re Velez

United States Bankruptcy Court, S.D. New York

Decided July 7, 2010No. 18-13783PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER GRANTING DEBTOR’S MOTION TO MODIFY INTEREST RATE OF SECURED CLAIM

MARTIN GLENN, Bankruptcy Judge.

This case raises the issue whether a debtor, as part of a proposed chapter 13 plan, may modify the contract interest rate payable on an allowed secured claim for a so-called “910-vehicle” that is subject to the so-called “hanging paragraph” of section 1325 of the Bankruptcy Code. The debtor concedes that the principal amount of the secured claim must be paid in full, but argues that the contract interest rate may be modified to the “Till” interest rate. For the reasons…

2Cases cited12 opinions

  1. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  2. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  3. Drive Financial Services, LP v. JordanCourt of Appeals for the Fifth Circuit · 2008
  4. In Re JohnsonUnited States Bankruptcy Court, M.D. North Carolina · 2006
  5. In Re TrejosUnited States Bankruptcy Court, D. Nevada · 2006

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

3Cited by3 opinions

  1. In re WimmerUnited States Bankruptcy Court, S.D. New York · 2014
  2. In re Derrick Wayne LovelessUnited States Bankruptcy Court, E.D. Kentucky · 2026
  3. In re: Nicole Laura Alexis Lawtone-BowlesUnited States Bankruptcy Court, S.D. New York · 2026

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