Brooks v. First Central Bank McCook, No. 20-6014 (8th Cir. 2020)
Annotate this CaseThe Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the Bank relief from the automatic stay. The panel held that the default provisions in debtor's Chapter 12 plan were dispositive of the Bank's motion for relief from the automatic stay. In this case, debtor admits he agreed to make certain payments on January 15, 2020; he made only a portion of those payments; and thus debtor was in default under his plan and the Bank was entitled to relief from the automatic stay.
Court Description: [Nail, Author, with Schermer and Dow, Bankruptcy Judges] Bankruptcy Appellate Panel. The default provisions in debtor's Chapter 12 plan were dispositive of the Bank's motion for relief from the automatic stay; debtor was in default on his payments under the plan, and the bank was entitled to relief. [ November 24, 2020 ]
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