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In re Smith

In re Smith

Ruling
Debtor's acquisition of property, without consideration, but subject to secured claims, caused debtor to exceed chapter 13 eligibility limit.
Procedural posture

A bankruptcy trustee asserted that a bankruptcy debtor's secured debt exceeded the debt limitation of 11 U.S.C. § 109(e) for eligibility for chapter 13 relief, and that the debtor filed the case in bad faith. The trustee moved to dismiss the debtor's case.

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Consumer opinion summary, case decided on December 13, 2007 , LexisNexis #0108-037