In re Rottiers
Apr
12
2011
Ruling
Chapter 13 debtors were eligible for relief where claims of two largest creditors were unliquidated.
Procedural posture
Movants, the two largest creditors of the chapter 13 debtors, filed a motion to dismiss the petition based primarily on the assertion that, if either of those creditors' claims were deemed to be non-contingent, liquidated, unsecured, the debtors were ineligible for chapter 13 relief under 11 U.S.C.S. § 109(e). Creditors filed a motion for summary judgment on the motion to dismiss. Debtors did not file a cross-motion for summary judgment.
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Court
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