In re McCreary
Dec
29
2009
Ruling
Chapter 13 case was not filed in bad faith despite fact that debt to former spouse would have been nondischargeable in chapter 7.
Procedural posture
Debtor filed a petition under chapter 13 and a plan to repaying his creditors. The debtor's ex-wife asked the court to dismiss the debtor's case, claiming that the debtor acted in bad faith, in violation of 11 U.S.C.S. § 1325(a)(7), when he declared chapter 13 bankruptcy, and that his plan could not be confirmed under § 1325(a)(3) because it was proposed in bad faith. The ex-wife's objections were tried to the court.
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Court
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