In re ONeal
Apr
18
2012
Ruling
Plan could be confirmed over objection of former spouse where claim was for property settlement, not alimony, and could be compromised.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to dismiss the debtor's case for "cause," pursuant to 11 U.S.C.S. § 1307(c), claiming that the debtor declared chapter 13 bankruptcy and filed his bankruptcy plan in bad faith. The court held a hearing on the ex-wife's claims.
ABI Membership is required to access the full summary of In re ONeal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: