Legal Opinion
General Motors Acceptance Corp. v. Lum (In Re Lum)
United States Bankruptcy Court, E.D. Tennessee
Decided November 9, 1979No. Bankruptcy No. 1-79-1385, Adversary Proceeding No. 1-79-0015PublishedCited by 51 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Bankruptcy Judge.
On October 2, 1979 the debtor, Earnest Lum, filed a petition under chapter 13 of the Bankruptcy Code. (11 U.S.C.) He also filed a chapter 13 plan proposing to pay his debts as provided by it.
A chapter 13 plan can be confirmed only if the requirements of 11 U.S.C. § 1325(a) are satisfied. Section 1325(a)(5) requires that each holder of an allowed secured claim must accept the plan or be dealt with in one of two other ways. Of those two, the simpler is to return to the claimant the property securing its claim. It is the other method which is relevant…
2Cited by51 opinions
- In the Matter of Southern States Motor Inns, Inc., Debtor. United States of America v. Southern States Motor Inns, Inc.Court of Appeals for the Eleventh Circuit · 1983
- Matter of CrockettUnited States Bankruptcy Court, N.D. Illinois · 1980
- In Re SimpkinsUnited States Bankruptcy Court, E.D. Tennessee · 1982
- In Re KleinUnited States Bankruptcy Court, E.D. New York · 1981
- In Re BusmanUnited States Bankruptcy Court, E.D. New York · 1980
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