Navarone A. Summers, Ch. 13, BK12-42667-TJM (Mar. 14, 2013)

The court sustained a creditor’s objection to confirmation of the debtor’s Chapter 13 plan on the basis of the proposed post-confirmation interest rate on the debt. The court ruled that the debtor should pay the contract rate of 8.5 percent, rather than the formula rate of 5.25 percent, because of the significant degree of risk the creditor will face. The debt was delinquent on the petition date, the debtor had not made payments pursuant to the plan, and there would be delays and possible additional costs before the creditor could collect if the case was dismissed.

Date: 
Thursday, March 14, 2013