Case Summary:
Debtors filed a Joint Chapter 12 Plan of Reorganization providing for 8 classes of claims. The plan proposed to convert members of the Class 8 Allowed Unsecured Creditors’ (“Class 8 Creditors”) unsecured claims into secured claims 30 days after the plan was completed and extend payments to the Class 8 Creditors beyond the plan term. A member of the Class 8 Creditor Class and the Standing Chapter 12 Trustee objected to the proposed plan. The Court found that the Debtors’ proposed treatment of the Class 8 Creditors violated 11 U.S.C. §§ 1222(c) and 1222(b)(9). By waiting to grant security interests to the Class 8 Creditors until after the Plan is completed, Debtors proposed granting security interests in property that would have revested in the Debtors. The Court determined this would preclude the Class 8 Creditors from being classified as allowed secured claims, because allowed secured claims must be secured by property in which the estate has an interest. As payments would be impermissibly extended beyond the plan term to creditors who do not hold allowed secured claims, payment to the Class 8 Creditors could not be extended beyond a three-year term.

Statute/Rule References:
11 U.S.C. § 1222 -- Contents of Plan