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Homeowner wonBindingPending attorney reviewChapter 13 repayment plans

Till v. SCS Credit Corp.

Till v. SCS Credit Corp., 541 U.S. 465 (2004)

Court
Supreme Court of the United States
Decided
2004-05-17
Docket
02-1016

What happened

The Tills proposed a Chapter 13 plan paying their truck lender at 9.5% — the prime rate plus a risk adjustment. The lender wanted its 21% contract rate.

What the court decided

A plurality of the Supreme Court endorsed the "prime-plus" (formula) approach for the interest rate on secured claims paid through a Chapter 13 plan, rather than the contract rate.

Why it may matter to you

Chapter 13 can lower the interest on some secured debts, freeing money to catch up on the house.

Why it might not apply

It was a plurality opinion about a vehicle loan; a home mortgage on your principal residence generally cannot be modified this way (Nobelman).

Most useful when

  • You are planning a Chapter 13 plan that pays a secured debt over time

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationTill v. SCS Credit Corp., 541 U.S. 465 (2004)Short formTill, 541 U.S. 465

Draft — check it with free legal aid before you file or say it in court.

In Till v. SCS Credit Corp., 541 U.S. 465 (2004), the court held that secured claims paid through a Chapter 13 plan may carry a prime-plus formula interest rate rather than the contract rate. Here, [say in one sentence what happened in your case]

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