In Re Sharon E. Kerwin, Debtor, First Brandon National Bank v. Sharon E. Kerwin, Jan M. Sensenich, Trustee

How courts have described this case

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

• interpreting “ ‘property to be distributed’ under [analogous Chapter 12 provision] as any property to be transferred under the plan” including the collateral
• “Determining the market value of real property is a constant feature in today's commercial world. Such valuations are regularly used . . . to make business decisions. . . . [T]he property in this case was capable of valuation by the bankruptcy court.”
• “No one disputes that the bankruptcy court’s valuation comprises a finding of fact subject to review under the clearly erroneous standard.” (citing Fed. R. Bankr. P. 8013)
• “When the debtor elects to surrender the collateral under [§ 1325(a)(5)(C)], the secured creditor takes possession of the property and sells it in accordance with non-bankruptcy law.”

Source: CourtListener parenthetical corpus (CC0).