IN RE FEHER

Bankruptcy No. 95-30444, Adversary No. 96-3133.

202 B.R. 966 (1996)

In re Joseph R. FEHER and Barbara J. Feher, Debtors. FORD MOTOR CREDIT COMPANY, Plaintiff, v. Joseph R. FEHER and James W. McRoberts, Defendants.

United States Bankruptcy Court, S.D. Illinois.

November 27, 1996.


Attorney(s) appearing for the Case

Thomas J. Noonan, St. Louis, MO, for Plaintiff.

Michael Katz, Collinsville, IL, for Debtors.

James W. McRoberts, Belleville, IL, for Defendants.


OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

This case presents the question of how the Court should apportion the proceeds of a policy of automobile collision insurance, made jointly payable to a chapter thirteen debtor and to a creditor with a "crammed down" security interest in the insured automobile, upon destruction of the automobile after confirmation.

The facts are not in dispute. Several years prior to filing for relief under chapter...

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