Bank of the Prairie v. Picht (In Re Picht)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that because the debtors were not entitled to a chapter 13 discharge, their only option was to propose a plan that complied with subsection (aa)
• “Third, . . . a plan may be confirmed, even over the objection of the secured creditor, if the plan meets the three-part test of § 1325(a)(5)(B).”
• Debtors’ “personal liability for the debt was discharged in their Chapter 7 case, but, as evidenced by the post-discharge in-rem judgment, the underlying debt itself had not been extinguished.”
• “The United States Supreme Court has repeatedly held that liens pass through Chapter 7 bankruptcy unaffected, and the debt secured by the lien continues to exist and is enforceable against property securing the debt (unless, of course, the lien is avoided).”

Source: CourtListener parenthetical corpus (CC0).