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in re hopkins, 07-1134

In re Helene A. Hopkins, 07-1134
Issued July 10, 2007
Judge A. Benjamin Goldgar
Discussion: Chapter 13 plan confirmed over objection of Americredit Financial Services. At issue was a car purchased within 910 days of filing (hence a so-called “910 vehicle”) subject to the “hanging paragraph” of 1325(a). Debtor proposed to make monthly payments, but not at the contract rate. Creditor insisted that under 1325(a)(5)(B)(i)(I)(aa) and the decision in In re Williams, 06-15945, __ BR __, 2007 WL 1206738 (Bankr. N.D. Ill. April 23, 2007), the debtor could not modify its payment obligations and still retain the collateral. The court disagreed, noting that under 1322(b)(2) debtors may modify the rights of holders of secured claims EXCEPT those secured by the debtor’s principal residence and flat out disagreeing with the Williams decision.

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