- 11 U.S.C.
In re Whitwell
Jul
30
2009
Ruling
Confirmation denied where debtor proposed to fund plan with personal injury settlement payments and debtor had sold right to receive the payments to creditor annuity company.
Procedural posture
A chapter 13 debtor sought confirmation of an amended plan that was funded in part by payments received from a structured personal injury settlement. A creditor objected to confirmation, arguing that the debtor had sold it the right to receive 180 of those structured settlement payments, and, therefore, the debtor proposed to use money he did not own to fund the plan.
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Court
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