Critical Case Comment: In re Keele

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Keele, 2012 WL 893351 (Bankr. D. Kan, March 14, 2012) (Somers)

A secured creditor is entitled to pre-confirmation adequate protection payment under §§ 361, 362 and 363 only where the creditor makes a request for it.

Case Summary

In May 2010 the debtors refinanced an obligation secured by a 1999 double-wide manufactured home with First Federal Savings Loan. When they filed their Chapter 13 plan a year later, they sought to “cram down” the obligation to First . . .

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