In re Terry
505 B.R. 660
| Bankr. E.D. Pa. | 2014Background
- Tax sale of the Property occurred September 19, 2012; Movant purchased and paid $120,000.
- Tax Deed conveying the Property to Movant was recorded January 5, 2013; Ejectment Action filed January 10, 2013.
- Debtor filed Chapter 13 on May 30, 2013, staying the Ejectment Action.
- Original Order (August 14, 2013) held Debtor had an unexpired right to redeem; continued hearing set for September 19, 2013.
- Debtor’s Plan (June 13, 2013) proposes $135,000 to Movant: $60,000 lump sum by May 1, 2014 and sixty monthly payments of $1,250.
- Movant argues Debtor’s redemption right cannot be satisfied over the Plan; Court addresses whether §1322(b) can modify Movant’s rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1322(b) can modify Movant’s redemption rights. | Movant argues no modification under §1322(b). | Debtor argues §1322(b) may modify Movant’s claim to allow payments over the Plan. | Yes; Movant’s claim can be modified under §1322(b). |
| Whether redemption under 53 P.S. §7293 can extend beyond the redemption period via the Plan. | Movant contends absolute deadline; cannot stretch timing under Plan. | Debtor contends Plan can extend payment within §1322(b) framework. | Plan can extend payment while preserving redemption rights. |
| Whether Movant is the holder of a claim enforceable in bankruptcy. | Movant argues no claim against Debtor; merely a state remedy. | Debtor contends Movant holds a claim as of Petition Date and may be paid through Plan. | Movant is the holder of a claim that may be modified under §1322(b). |
Key Cases Cited
- In re Hammond, 420 B.R. 633 (Bankr.W.D.Pa.2009) (purchaser holds inchoate, defeasible rights until redemption period expires; plan may address the redemption amount under §1322(b))
- In re Francis, 489 B.R. 262 (Bankr.N.D.Ga.2013) (Georgia law analogue; debtor’s rights and purchaser’s claim may be resolved by monetary terms under bankruptcy plan)
- In re Rugroden, 481 B.R. 69 (Bankr.N.D.Cal.2012) (discusses §108(b) extension versus plan-based redemption timing)
