- 11 U.S.C.
In re Barnes
Jan
15
2013
Ruling
Early termination clause was void and plan could only be confirmed if providing for full applicable commitment period.
Procedural posture
Trustee objected to a chapter 13 plan proposed by debtor, a below-median income debtor, and sought dismissal for failure to file a plan in good faith and failure to pay required amounts for the entire "applicable commitment period" (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only plan that was not proposed in good faith.
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Court
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