Modified first priority mortgage on rental property.
Cram down for first mortgage on residential real property.
Dunn v. Fast Debt Buyers, LLC (In re Dunn)
Chapter 7 Bankruptcy
Jan 17, 2012
Stripped second priority lien off vehicle in Chapter 7.
Stripped off second lien on undersecured vehicle by filing motion to redeem for $0.00.
Stephens v. Guaranteed Auto
Jul 03, 2013
Creditor ordered to pay $23774 in damages and attorney fees to Debtor for willful violation of the automatic stay.
Judgement for Debtor/Plaintiff. Creditor repossessed debtor's car prior to the filing of the petition, refused to return it, and sold it. Court awarded actual damages of $1,559, attorney's fees of $4,325, and punitive damages of $17,890. Court observed that creditor who repossesses car prior to bankruptcy filing cannot condition the turnover of the vehicle on the provision of adequate protection, such as proof of insurance, unless the creditor moves promptly for relief in the bankruptcy court.