1. Home
  2. Browse Decisions
  3. B.R.
  4. 322 B.R.
  5. 322 B.R. 648 (2005)
 

BANK ONE, NA v. LEUELLEN

No. 4:04-cv-0037-DFH-WGH Bankruptcy No. 02-93219-BHL-13.

322 B.R. 648 (2005)

Daniel and Holly LEUELLEN, Appellees, v. Joseph M. Black, Jr., as the standing trustee in the appellees' Chapter 13 bankruptcy proceeding, In re Daniel and Holly Leuellen, Debtors.

United States District Court, S.D. Indiana, New Albany Division.

March 16, 2005.

Attorney(s) appearing for the Case

Lisa Koch, Anthony George Raluy, Bryant Foley Bryant & Holloway PLLC, Louisville, KY, for Bank One, NA.

Richard A. Schwartz, Kruger, Schwartz & Morreau, Louisville, KY, Daniel and Holly Leuellen.

David C. Ollis, New Albany, IN, for Joseph M. Black, Jr.

HAMILTON, District Judge.

Does 11 U.S.C. § 1329 flatly prohibit a bankruptcy court from allowing Chapter 13 debtors, acting in good faith and with court approval, to modify their confirmed Chapter 13 plan to surrender collateral to a secured creditor and to treat any deficiency as an unsecured claim? In more practical terms, should Chapter 13 debtors be required to lose their home because they can no longer pay for their car? Or may they instead, acting in good...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases