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In re Herrmann

In re Herrmann

Ruling
Confirmation of plan proposing retention of social security income and use of spouse's income to pay expenses denied due to lack of good faith.
Procedural posture

Chapter 13 debtors, a husband and wife, sought confirmation of their plan. The chapter 13 trustee objected to confirmation, arguing that the plan had not been proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3) and that the plan did not meet the applicable commitment period.

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Consumer opinion summary, case decided on February 09, 2011 , LexisNexis #0311-095