Lender could have perfected security interest by noting its lien on vehicle title even after petition date. Sec. 362(b)(3) doesn't bar perfection if trustee can't avoid the transfer, and the trustee can't avoid a transfer if it's perfected within 30 days
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Reported at 369 B.R. 477. The BAPCPA amendments to section 1115 and section 1129 have waived the absolute priority rule as to individual Chapter 11 debtors, who now may cram down confirmation of a plan while retaining property, as long as the plan is oth
Published at 369 B.R. 477. The BAPCPA amendments to section 1115 and section 1129 have waived the absolute priority rule as to individual Chapter 11 debtors, who now may cram down confirmation of a plan while retaining property, as long as the plan is otherwise fair and equitable.
For the means test, debtor may claim standard housing expense rather than actual expense, and vehicle ownership expense for unencumbered vehicle. 401(k) loan repayment is "additional expense." Reduced overtime pay isn't "special circumstance."
For Sec. 707(b)(2), debtors may claim the local standard housing expense, not actual expense. They may claim vehicle ownership expenses for unencumbered vehicle. 401(k) loan repayment is "additional expense." Reduced OT pay isn't "special circumstance"
A commercial landlord's administrative expense claim was granted for rent & utilities during the trustee's possession. The estate was not responsible for paying for damage allegedly caused to the premises by a buyer's removal of personal property.
To help resolve the parties' dispute as to the outstanding balance due on their home loan, the parties should prepare and submit a spreadsheet listing pre- and post-petition escrow advances, interest and other charges, and payments to the trustee.
The bank's purported "abandonment" of its security interest to another creditor did not assign or release its perfected security interest, so the trustee was obligated to turn proceeds and personal property over to the bank as the secured party.
The bank's purported "abandonment" of its security interest to another creditor did not assign or release its perfected security interest, so the trustee was obligated to turn proceeds and personal property over to the bank as the secured party.
After a trial on interpretation of a reinsurance contract under Iowa law, the court held that debtor's subsidiaries were also parties to the contract; the contract did provide coverage; and premiums were due only for the years policies were issued.