Motion to Allocate Insurance Proceeds ELIZABETH L. PERRIS, Bankruptcy Judge. Dear Counsel: This matter came before the court on debtors' Motion to Allocate Insurance Proceeds. As explained below, I conclude that OnPoint Credit Union is entitled to payment of its secured claim, but is not required to release its lien until debtors receive a discharge. Debtors move to allocate insurance proceeds that were paid as a result of the post-confirmation destruction of their vehicle. They ask the...
MEMORANDUM OPINION RANDALL L. DUNN, Bankruptcy Judge. On July 5, 2011, I held a hearing ("Hearing") on the debtor Bradley Ray Warkentin's ("Mr. Warkentin") objection to Claim No. 10 (amended) ("Objection") of One West Bank, FSB ("One West"). Following argument from counsel for the parties, I took the matter under advisement. Since the Hearing, I have reviewed the Objection and the Response to Objection to Claim ("Response") filed by One West, as well as applicable legal authorities. I also...
MEMORANDUM OPINION ELIZABETH PERRIS, Bankruptcy Judge. Creditor Jennifer Odess ("Odess"), who is debtor Erik Nelson's ("debtor") ex-wife, objects to confirmation of debtor's chapter 13 plan. She argues that the plan fails to provide for full payment of debtor's obligation to Odess for what she characterizes as a domestic support obligation ("DSO"). The issue in this case is whether the obligation, which arises out of a stipulated dissolution judgment, constitutes a DSO that is a priority...
