25-50808
Bankr. S.D. Miss.Aug 29, 2025Background
- Curtis Lee White filed a Chapter 13 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of Mississippi (Case No. 25-50808).
- The case involves a proposed Chapter 13 repayment plan structured for a 60-month period, with monthly payments of $2,336.66 by the debtor directly to the trustee.
- Notable secured claims include a principal mortgage with Carrington Mortgage (principal residence), arrears on the mortgage, and other secured debts (Family Choice, OneMain Financial for a vehicle).
- The plan seeks to value secured claims, avoid certain liens, and surrender some collateral to specific creditors where debts exceed collateral value.
- The debtor proposes to pay priority claims in full, including IRS tax debt, and handle nonpriority unsecured claims on a pro rata basis, subject to liquidation analysis.
- The plan incorporates no nonstandard provisions other than treatment of IRS and HUD debts; the US Dept. of HUD loan will be paid directly by the debtor when due far in the future.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confirmation of Chapter 13 Plan | White argues plan meets all Code requirements, adequately protects secured and priority creditors, and proposes feasible payments | Creditors may challenge feasibility, claim treatment, or asset valuation; may assert unfair discrimination or that plan does not meet Code standards | Court confirms the plan as compliant with statutory requirements and local rules |
| Strip-down/Valuation of Secured Claims (11 U.S.C. § 506(a)) | White seeks to value personal property securing Family Choice and OneMain claims below total debt, treating remainder as unsecured | Secured creditors may dispute collateral valuations as too low; may contest reclassification of deficiency as unsecured | Court allows plan’s valuations and treatment of undersecured portions as unsecured claims |
| Avoidance of Liens (11 U.S.C. § 522) | White requests to avoid certain non-purchase money, nonpossessory security interests on household goods | Creditors could contest that the liens are avoidable or factually challenge exemption | Court approves avoidance as proposed under the plan |
| Surrender of Collateral | White elects to surrender certain collateral for specific debts (e.g., 1st Franklin, Tower Loan household goods) | Creditors may argue debtor should retain or pay for collateral | Court approves debtor’s surrender treatment |
Key Cases Cited
No officially reported case authority is cited in the opinion segment provided.
