· 4/21/2006
In Re DeSardi
Citations
- 340 B.R. 790
- 2006 Bankr. LEXIS 913
- 2006 WL 1061893
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a balloon payment in the 60th month when the car would be worth less than the balloon payment puts all risk of loss on the car lender
- “Nor does the section state that payments must be equal ‘as of the effective date of the plan.’ ”
- “The statute refers only to payment of any unpaid claim. There is no reference to a partial payment.”
- “the car lender’s adequate protection payments are senior in priority to the payments to debt- or’s counsel.”
- “Because this interpretation is contrary to the plain meaning of the plans, the Court rejects the interpretation and will apply the plain meaning.”
- \[T]he equal payment provision requires that payments be level once they begin and terminate once the lender is fully paid. Exactly when these level payments begin is case-specific.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Marvin Isgur
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.