The Hanging Paragraph – Hanging on Every Word Part 1 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo

I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B)

Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three alternatives:

(A) the claimholder must accept the plan; or

(B) the plan must provide that . . .

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