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Opinion 169

Case Name: 

In re Albrechtsen

Judge: 
Judge Allen
Date: 
Aug-30-1985
Case Number(s): 
80A-1762
Status: 

UNPUBLISHED

Body: 

Chapter 13 debtor executed a postpetition stipulation with its principal creditor, which was approved by the court. The stipulation covered payments debtor would make on a dump truck it wanted to retain. Later, debtor requested a release of lien from creditor so the truck could be sold, but was informed he still owed approximately $10,000 in interest. Debtor paid that amount under protest, and requested that the court clarify the parties' agreement and compel creditor to repay the interest. Trustee's argument that the court should ignore the stipulation and order, which were not referenced in a subsequent confirmation order, was rejected, as the court considered the stipulation to be a part of debtor's restructuring process. The court also determined that the stipulation provided that creditor would be paid interest on the unpaid balance of the debt at the rate set forth in the parties' previous contract, which rate was significantly higher than the interest rate required by 11 U.S.C. § 1325(a)(5)(B)(ii). However, the contract rate was not so disproportionate to the statutory rate as to be unconscionable, and there was no evidence of overreaching or undue influence by the creditor. The court declined to second-guess the debtor's informed decision to enter into the stipulation, but did order creditor to provide debtor with a detailed accounting of his post-confirmation payments.

Internal Ref: 
Opinion 169
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