S.D. Texas· 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

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Cited by

49 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

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