In re Cochran
United States Bankruptcy Court, M.D. Georgia
1Opinion of the Court
MEMORANDUM OPINION
Austin E. Carter, United States Bankruptcy Judge
The primary issue -in this case is whether a plan that calls for distributions in the form of monthly payments followed by a balloon payment to a creditor holding a claim secured by the debtor’s real property complies with § 1325(a)(5)(B)(iii)(I) of the Bankruptcy Code.1
Factual Background
On August 28, 2009, the Debtor pledged his residence and the adjoining 157 acres of land as collateral on a loan from The Bank of Perry for the purchase of equipment for the Debtor’s automotive collision repair business. The Debtor was unable…
2Cases cited23 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Crandon v. United StatesSupreme Court of the United States · 1990
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re SM 104 Ltd.United States Bankruptcy Court, S.D. Florida. · 1993
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- Sandra Joyce McGrath and Dale Allen RogersUnited States Bankruptcy Court, D. New Mexico · 2020