Section 1322(c)(2) allows certain short-term mortgages, which would otherwise be covered by the section 1322(b)(2) prohibition of modification, to be crammed down to value and paid at a market rate of interest.
Opinions
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Please note: These opinions are not a complete inventory of all judges' decisions and are not documents of record. Official court records are available at the clerk's office.
Judge John T. Laney, III
In this chapter 12 case, the court ruled that the creditor did not carry its burden of proof to establish nondischargeability under § 523(a)(2)(A), (4), or (6) of the Code. The court also ruled that language in a consent order, which allowed Debtor's late-filed answer to the counterclaim, did not entitle the creditor to a default judgment, and that collateral estoppel did not apply to bar Debtor from contesting the nondischargeability complaint.
The court grants Trustee relief from his stipulation, and from an order incorporating that stipulation, under Rule 60(b)(5) and under Eleventh Circuit case law. It would work an injustice if Trustee were held to his stipulation now that the order upon which the stipulation was based has been reversed.
The court sustains Debtor's objection to McLane Company, Inc.'s proof of claim. The court finds that McLane Company, Inc. has not established the elements necessary for a reclamation claim under § 546(c) of the Code.
Creditor (Piggly Wiggly) is held in contempt for willfully violating the automatic stay based on its having issued a warrant postpetition for Debtor's arrest based on a worthless check written prepetition. Debtor carried her burden and satisfied both prongs of the test established in Barnette v. Evans, 673 F.2d 1250 (11th Cir. 1982), so that having the criminal warrant issued was stayed by the bankruptcy filing.