In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022)
Ever since the Supremes came down with Till v. SCS Credit Corp, 541 U.S. 465 (2004), bankruptcy practitioners in Chapters 13 and 12 have adopted the plurality decision . . .
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