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In re Montry

In re Montry

Ruling
Plan confirmation denied for lack of good faith where filed solely to provide for payment of postpetition attorneys'fees from estate.
Procedural posture

Bankruptcy debtors proposed a chapter 13 plan which provided for payment to the debtor's attorney over time and provided for no payment to prepetition creditors. The bankruptcy trustee moved for denial of confirmation of the debtors'plan based on a lack of good faith as required by 11 U.S.C.S. § 1325(a)(3).

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Consumer opinion summary, case decided on September 11, 2008 , LexisNexis #1008-087