Can unsecured creditors contest a proposed Chapter 13 cramdown on investment property, and what is the legal standard for valuation?
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Can unsecured creditors contest a proposed Chapter 13 cramdown on investment property, and what is the legal standard for valuation?
3 real searches · 1 real-search pass
Chapter 13 cramdown investment property valuation standard 11 USC 506(a) 1325(a)(5) unsecured creditor standing objection valuation casesGoogle ↗
OBSERVED
Supreme Court Associates Commercial Corp Rash replacement value Chapter 13 cramdown valuation standardGoogle ↗
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Fourth Circuit Chapter 13 plan valuation investment property unsecured creditor objection cramdownGoogle ↗
OBSERVED
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ChatGPT3 real searches · gpt-6
Chapter 13 cramdown investment property valuation standard 11 USC 506(a) 1325(a)(5) unsecured creditor standing objection valuation cases Google ↗
Supreme Court Associates Commercial Corp Rash replacement value Chapter 13 cramdown valuation standard Google ↗
Fourth Circuit Chapter 13 plan valuation investment property unsecured creditor objection cramdown Google ↗
- 11 U.S.C. § 1325: Confirmation of plan · uscode.house.gov
- 11 U.S. Code § 1325 - Confirmation of plan | U.S. Code | US Law · law.cornell.edu
- II. A. In Chapter 13 reorganization proceedings, · ca4.uscourts.gov
- LVNV Funding, LLC v. Derrick Harling, No. 16-1346 (4th Cir. 2017) :: Justia · law.justia.com
- individually by setting out the mode of satisfying that claim in relation to the secured creditor’s collateral. *Id.* § 1325(a)(5) (requiring an analysis for “each allowed secured claim provided for by the plan”). Of significance is that Chapter 13 plan confirmation requires that “the holder of such [secured] claim has accepted the plan.” *Id.* § 1325(a)(5)(A). No parallel provision exists for unsecured creditors’ claims, so whether an unsecured creditor “consents” to a Chapter 13 plan is irrele · ca4.uscourts.gov
- 11 U.S.C. § 506: Determination of secured status · uscode.house.gov
- 11 U.S. Code § 506 - Determination of secured status | U.S. Code | US Law · law.cornell.edu
- ASSOCIATES COMMERCIAL CORPORATION, Petitioner, v. Elray RASH et ux. | Supreme Court | US Law · law.cornell.edu
- interest in the estate’s interest in such property . . . and is an unsecured claim to the extent that the value of such creditor’s interest . . . is less than the amount of such allowed claim. Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property . . . . · www2.ca3.uscourts.gov
- (stating that statutory construction is a “holistic endeavor” and defining value of “entity’s interest in property” entitled to adequate protection under §§ 361 and 362 in light of meaning of value of the “creditor's interest” in property under § 506(a)). Section 506(a) addresses the standard for valuing a creditor’s secured claim against property of the estate; it provides that value is to be “determined in light of the purpose of the valuation and of the proposed disposition or use of such pro · ncmb.uscourts.gov
Queries
3 queries · click a column to sort
| Query / type | Search | Intent | Query class | Routing format | Cluster | Freq ↓ | Weight |
|---|---|---|---|---|---|---|---|
Chapter 13 cramdown investment property valuation standard 11 USC 506(a) 1325(a)(5) unsecured creditor standing objection valuation cases OBSERVED | Google ↗ AI Mode ↗ | — | — | — | — | 1x of 1 | |
Supreme Court Associates Commercial Corp Rash replacement value Chapter 13 cramdown valuation standard OBSERVED | Google ↗ AI Mode ↗ | — | — | — | — | 1x of 1 | |
Fourth Circuit Chapter 13 plan valuation investment property unsecured creditor objection cramdown OBSERVED | Google ↗ AI Mode ↗ | — | — | — | — | 1x of 1 |