In re JMJ Land, LLC, No. BK11-40267-TLS, 2011 Bankr. LEXIS 4891 (Bankr. D. Neb. Dec. 15, 2011)

(Chapter 12 case; creditor filed claim asserting it was owed over $5,900,000 via promissory notes secured by debtor’s land and improvements now owned by another creditor; parties agree that other creditor has priority to extent of $315,000, but disagree as to value of real estate; debtor submitted amended plan providing for interim interest-only during pendency of litigation; amended plan proposes payment of allowed secured claim amortized over 30 years with interest and balloon payment; value of collateral at issue because it cannot be less than allowed amount of claim if secured creditor doesn’t accept plan and plan doesn’t propose  surrender of property to secured creditor;  court reject debtor’s valuation as presented by real estate broker who is not a licensed appraiser; secured creditor presented testimony of licensed appraiser who submitted written appraisal; appraisal (which was $640,000 higher than broker’s estimate) well documented and reasonable; creditor’s objection to feasibility of plan rejected because of pending litigation over claim amount and all debtor has to do is fund interest-only payments until claim amount determined; but plan cannot be confirmed because debtor has agreed to make amendments; debtor has until Feb. 1, 2012 to file amended plan).