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§ 101(30)

In re Loomis

Ruling
Confirmation of chapter 13 plan denied as debtor was not an individual with regular income.
Procedural posture

Chapter 13 debtor sought to discharge obligations not dischargeable in a chapter 7 case through a plan that proposed to pay taxes, attorneys fees, and nothing else.

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Consumer opinion summary, case decided on February 25, 2013 , LexisNexis #0313-071

Pellegrino v. Boyajian (In re Pellegrino)

Ruling
Case properly dismissed as debtors with negative income did not qualify under chapter 13.
Procedural posture

The below median debtors appealed from an order of the bankruptcy court for the District of Rhode Island that dismissed their chapter 13 case where the court concluded that the debtors did not have excess income from which to make plan payments, and were therefore not eligible for chapter 13 relief as contemplated by 11 U.S.C.S. § 101(30), did not meet the requirements of 11 U.S.C.S. § 1325(b)(1).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 09, 2010 , LexisNexis #0410-001