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February 16, 2010

Equal Monthly Installments

Filed under: Uncategorized — admin @ 8:15 am

In re Butler, 403 B.R. 5, 14-15 (Bankr. W.D. Ark. 2009) (Barry) (Plan must propose equal monthly payments to personal-property-secured lender, but equal monthly payments need not begin at confirmation so long as adequate protection payments are made. With respect to equal monthly payments and the payment of administrative expenses: “the trustee is not bound by the equal payment provision of § 1325(a)(5)(B)(iii)—Sections 1322 and 1325 concern the contents ofa plan and what a debtor must do to have a plan confirmed.” Accordingly, adequate protection payments and administrative expenses are paid before equal monthly payments to a lienholder.).
In re Gray, No. 07-07380-ESL, 2008 WL 5068849 (Bankr. D.P.R. Nov. 25, 2008) (Lamoutte) (Balloon payment of short-term mortgage does not satisfy equal monthly payment requirement of § 1325(a)(5)(B)(iii)(I).).
In re Hill, 397 B.R. 259, 268-69 (Bankr. M.D.N.C. 2007) (Waldrep) (Equal monthly installments need not begin at confirmation; plan can pay attorney fees concurrently with adequate protection payments and equal monthly payments sufficient to amortize secured debt can begin afterpayment of attorney fees. “[PJarsing Section 1325(a)(5)(B)(iii)(II) demonstrates that the phrase ‘during the period of the plan’ modifies ‘adequate protection,’ not ’such payments.’ The language of the statute simply cannot be read to dictate any specific time for the equal monthly payments to begin. . . . [EJqual monthly payments need not begin immediately after confirmation. Once they do begin, they must continue until the creditor is paid in full or the debtor receives a discharge at the end of the plan.”).

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