In re Russell
Aug
26
2006
Ruling
Chapter 13 case dismissed as filed in bad faith after creditor's claim was held nondischargeable in chapter 7 case already pending in another jurisdiction.
Procedural posture
After the debtors filed a voluntary chapter 13 petition and an amended plan, a creditor objected to confirmation of the amended plan on the basis that the debtors had not filed the proceeding in good faith, the plan was not proposed in good faith pursuant to 11 U.S.C. § 1325(a)(3), that all of the debtors' projected disposable income would not be applied to make plan payments pursuant to 11 U.S.C. § 1325(b)(1)(B).
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Court
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