1. Home
  2. Browse Decisions
  3. F.3d
  4. 440 F.3d
  5. 440 F.3d 850 (2006)
 

IN RE NICHOLS

No. 04-2107.

440 F.3d 850 (2006)

In re: Dwight Nichols and Peggy NICHOLS, Debtors. Americredit Financial Services, Inc., Creditor-Appellant, v. Dwight Nichols and Peggy Nichols, Debtors-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 16, 2006.

Attorney(s) appearing for the Case

ARGUED: S. Thomas Padgett, DeBrincat & Padgett, Farmington Hills, Michigan, for Appellant. Charles J. Schneider, Charles J. Schneider P.C., Livonia, Michigan, for Appellees. ON BRIEF: S. Thomas Padgett, DeBrincat & Padgett, Farmington Hills, Michigan, for Appellant. Charles J. Schneider, Charles J. Schneider P.C., Livonia, Michigan, for Appellees.

Before: MERRITT, MOORE, and SUTTON, Circuit Judges.

MERRITT, Circuit Judge.

The instant appeal raises a problem that arises frequently in bankruptcy proceedings. The question before us is whether the Court should permit the modification of a Chapter 13 plan after confirmation pursuant to § 1329 of the Bankruptcy Code, or instead allow the secured creditor to repossess its security, a 1995 Ford truck, because under the modified plan the value of the security will fall faster than the creditor receives payments...

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