Overholt v. Farm Credit Services (In Re Overholt)

How courts have described this case

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

• permitting payments to be made directly by the debtor on impaired claims with discussion of conflicting authority
• where the value of a secured creditor’s claim was reduced by the amount of unpaid real estate taxes
• “The vast weight of authority ... is to ascertain the extent of the creditor’s interest by subtracting the cost of the hypothetical liquidation costs from the total value of the property.”
• family farmer/debtor may pay chapter 12 impaired creditors directly and avoid trustee fees
• The statute establishes a two-part inquiry to determine two separate issues. The second sentence requires that the court determine the value of the property itself. The first sentence directs the court to calculate the creditor’s share of that value once it has been established.
• fee due only on payments received by trustee

Source: CourtListener parenthetical corpus (CC0).