In re Thornton
(Bankr. S.D. Ind. May 23, 2016)
The bankruptcy court sustains the creditor’s objection to the proposed Chapter 13 plan, finding the creditor’s expert more credible than the debtor’s expert as to valuation of the debtor’s mobile home. Thus, the the creditor’s secured claim was higher than the amount provided for in the plan. The court also holds that certain of the appliances in the home are not accessions and thus are not subject to the creditor’s lien. Opinion below.
Attorney for Debtors: Albright and Albright, Attorneys at Law, Jonathan Lamoin Albright, Jr.
Attorney for Creditor: Timothy J. O’Connor
2016-05-23 – in re thornton
Author: Matt Lindblom
(Bankr. W.D. Ky. Nov. 18, 2014)
The bankruptcy court grants the chapter 7 debtors’ motion to avoid judicial liens on a parcel of real property. After an evidentiary hearing, the court finds that the debtor’s appraisal is too low, because it included an inappropriate depreciation deduction, and finds that the appraisal obtained by the bank (one of the judicial lienholders) is too high, because it did not take into account the unfinished nature of the improvements. The court sets a value for the property, applies the Sixth Circuit’s calculations set forth in Brinley, and holds that the judicial liens are avoided pursuant to § 522(f) to the extent they impair the debtors’ exemption in the property. Opinion below.
2014-11-18 – in re baham