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In re McDonald

In re McDonald

Ruling
Confirmation denied for bad faith due to retention of high end home and vehicles with little recovery for unsecured creditors.
Procedural posture

Bankruptcy debtors proposed a Chapter 13 plan which provided for retention of the debtors' home and vehicles, payment of state sales taxes which were mistakenly not paid by one debtor's businesses, and little or no distribution to unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3).

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Consumer opinion summary, case decided on September 30, 2010 , LexisNexis #1010-128