In re Crittenden: An Alabama Bankruptcy Judge, in In re Briana L. Crittenden, 19 CBN 1049In re Crittenden (Bankr. M.D. Ala. 2009), overruled an auto creditor’s objection to the debtor’s Chapter 13 plan, allowing a lowering of the interest rate. Debtor purchased a vehicle from the creditor five weeks prior to filing a Chapter 13 case. Due to unforeseen events, debtor filed Chapter 13. The net effect of the filing was that the monthly amount the creditor would receive was reduced from $400 to $315 per month. The Court reasoned that the debtor did not fraudulently incur the debt, and the plan did no significantly impact the creditor’s claim. In addition, the creditor also had the remedy of seeking relief from the cosigner of the note, once the creditor had sought relief from the codebtor stay.
No related posts.
Related posts brought to you by Yet Another Related Posts Plugin.
Email This Post
Print This Post
