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Chapter 13 Confirmation Requirements: Treatment of Secured Claims

Learn how the chapter 13 plan must treat secured claims to be confirmed.

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I. Confirmation Requirements: General Rules on the Treatment of Allowed Secured Claims

For the bankruptcy court to confirm a chapter 13 plan of debt adjustment, the plan must comply with § 1325(a)(5)'s rules on the treatment of secured claims for which the plan provides. The plan can do this in one of three ways.

The first way to satisfy § 1325(a)(5) is for the secured creditor to accept the plan. The secured creditor needn't expressly manifest acceptance. It may suffice if the creditor simply...

Lessons

    • 1. Welcome to Bankruptcy
    2. Foundations of Bankruptcy
    3. The Estate and the Automatic Stay
    4. Creditors, Claims, Discharge, and Priority
    5. Chapter 7 Liquidation
    • Chapter 7 Panel Trustee
    • Distribution of Estate Property in Chapter 7
    • Discharge in Chapter 7
    • Personal-Property Collateral in Chapter 7
    • General Grounds to Dismiss a Chapter 7 Case
    • Introduction to the Means Test and Dismissals or Conversions for Abuse
    6. Debt Adjustment in Chapter 13
    • Eligibility to File for Chapter 13
    • The Estate in Chapter 13
    • Introduction to the Chapter 13 Plan of Debt Adjustment
    • Terms Permitted in a Chapter 13 Plan
    • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
    • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
    7. Preferences
    • Introduction to Preferences
    • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
    • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
    • The Net-Benefit Rule
    • Contemporaneous Exchanges for New Value
    • Transfers in the Ordinary Course of Business
    • Subsequent New Value