Wheel Estate: Debtors May Still Cramdown Creditors’ Interests in Mobile Homes

The Honorable Jeffery P. Hopkins currently sits in the Cincinnati Division of the Southern District of Ohio.

The Bankruptcy Code provides chapter 13 debtors with three options for dealing with allowed secured claims: (1) obtain approval of the plan from the secured creditor; (2) "cramdown" the creditor's claim; or (3) surrender the collateral securing the creditor's claim. 11 U.S.C. §1325(a)(5). Section 1322(b) sets forth certain permissive provisions that a debtor "may" include in a chapter 13 plan. In the context of this discussion, §1322(b)(2) provides that a plan may "modify . . .

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