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In re Tedder

In re Tedder

Ruling
Early termination provision was void but plan could otherwise be properly confirmed.
Procedural posture

Trustee objected to a chapter 13 plan proposed by debtors and sought dismissal of the case for failure to file a plan in good faith and failure to pay required amounts for the entirety of the 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 scheme that was not proposed in good faith.

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Consumer opinion summary, case decided on January 14, 2013 , LexisNexis #0213-025