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In re Foresee

In re Foresee

Ruling
Confirmation denied due to failure to account for value of one-half of mutual fund and stocks.
Procedural posture

A chapter 13 trustee filed a motion to deny confirmation of the debtors' chapter 13 plan on the ground that it did not account for non-exempt equity in accounts jointly held by the debtor wife with her brother and mother in violation of 11 U.S.C.S. § 1325(a)(4). Those accounts included a certificate of deposit (CD), a mutual fund, and shares of stock in three companies.

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Consumer opinion summary, case decided on August 04, 2011 , LexisNexis #0911-026