In re Brixey
Jan
15
2010
Ruling
Confirmation denied for failure to provide for distribution to unsecured creditors where proper valuation of real estate would allow for such a distribution.
Procedural posture
A creditor objected to confirmation of a chapter 12 debtor's plan on the grounds that by failing to provide for a distribution to unsecured creditors, the plan failed to satisfy the good faith requirement of 11 U.S.C.S. § 1225(a)(3) and the liquidation test of § 1225(a)(4).
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Court
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