Legal Opinion
In Re Hernandez
United States Bankruptcy Court, S.D. Texas
Decided August 9, 2002No. 19-30088PublishedCited by 25 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION IN SUPPORT OF ORDER APPROVING PLAN MODIFICATION
WESLEY W. STEEN, Bankruptcy Judge.
This memorandum opinion addresses whether a debtor may modify a confirmed chapter 13 plan to surrender a vehicle to a lender holding a perfected security inter est in the vehicle and thereby satisfy the lender’s secured claim, paying the unsecured portion of the claim pro rata with other unsecured claims. For reasons set forth below, the Court concludes that there is no per se prohibition of plan modification to surrender collateral to a secured lender in payment of the secured claim.…
2Cases cited6 opinions
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
- In the Matter of Sandy Ridge Development Corporation, Debtor. Sandy Ridge Development Corporation v. Louisiana National BankCourt of Appeals for the Fifth Circuit · 1989
- In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989
- Internal Revenue Service v. Taylor (In Re Taylor)Court of Appeals for the Fifth Circuit · 1998
- In Re CoffmanUnited States Bankruptcy Court, N.D. Texas · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bank One, NA v. Leuellen (In Re Leuellen)District Court, S.D. Indiana · 2005
- Coastal Credit, L.L.C. v. Mellors (In Re Mellors)United States Bankruptcy Court, W.D. Pennsylvania · 2007
- In Re SellersUnited States Bankruptcy Court, W.D. Louisiana · 2009
- In Re DavisUnited States Bankruptcy Court, S.D. Texas · 2009
- In Re HutchisonUnited States Bankruptcy Court, W.D. Missouri · 2011
20 more not listed; retrieve them via the Exa API.