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Category Archives: Chapter 13 Bankruptcy



The recent case of In re Sullivan, 2007 WL 987328 (Bankr.N.D.N.Y. 2007) follows a line of decisions from the US Bankruptcy Court for the Northern District of New York that add teeth to the proposition that debtors should be compensated for the damages that arise from creditors systemic, continuing and egregious violations of the automatic […]



The case of In re Hale, — B.R. 0000, 2007 WL 196599 (Bkrtcy. E.D. Wash. 2007) the debtors commenced a Chapter 13 case and filed a proposed plan. Under paragraph VII entitled “Special Provisions,” the debtors stated “Debtor’s (sic) are surrendering house.” The initial plan would have required a monthly payment of $549.76 to fund […]



In the case of In re Osborn, Case No. No. 06-6061WM (8th Cir. BAP 2007) Capital One Auto Finance (”Capital One”) held a claim in the amount of $20,279.80, secured by a purchase money security interest in a 2003 Chevrolet pickup truck. The truck was purchased and the debt was incurred within 910 days prior […]