Legal Opinion
Hospital Authority Credit Union v. Smith (In Re Smith)
United States Bankruptcy Court, N.D. Georgia
Decided February 24, 1997No. 19-40193PublishedCited by 12 opinions
1Opinion of the Court
ORDER DISAPPROVING MODIFIED PLAN AND DENYING OBJECTION TO PROOF OF CLAIM
JAMES E. MASSEY, Bankruptcy Judge.
Wanda Smith seeks to modify her confirmed Chapter 13 plan to “surrender” to a creditor an automobile securing its claim. She asserts that the claim would thereby become unsecured and should be reduced to whatever deficiency might then remain. The creditor opposes the proposed modification, contending primarily that the confirmation order is res judicata on the issue of the claim’s secured status and amount. The court disapproves the proposed modification but for a different reason. The…
2Cases cited11 opinions
- In the Matter of Walter Howard and Verlean Howard, Debtors. Sun Finance Company, Inc. v. Walter Howard and Verlean HowardCourt of Appeals for the Fifth Circuit · 1992
- In Re JockUnited States Bankruptcy Court, M.D. Tennessee · 1989
- In Re RimmerUnited States Bankruptcy Court, W.D. Tennessee · 1992
- Matter of AbercrombieUnited States Bankruptcy Court, N.D. Georgia · 1984
- In Re BanksUnited States Bankruptcy Court, S.D. Mississippi · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re BarclayUnited States Bankruptcy Court, N.D. Alabama · 2001
- In Re Charles A. White, Jr. Anita D. White, Debtors. Internal Revenue Service, Creditor-Appellee v. Charles A. White, Jr. Anita D. White, Debtors-Appellants, and John F. Logan, Chapter 13 Trustee, TrusteeCourt of Appeals for the Fourth Circuit · 2007
- Green Tree Financial Servicing Corp. v. Theobald (In Re Theobald)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- In Re AlexanderUnited States Bankruptcy Court, E.D. Arkansas · 1998
- In re WareUnited States Bankruptcy Court, N.D. Illinois · 2015
7 more not listed; retrieve them via the Exa API.