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§ 1322(d)

Plevyak, In re

Sep
06
2024
Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-073
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Ingram, In re

Mar
15
2023
Ruling
Court did not find necessary cause to extend the term of a Chapter 13 plan beyond thirty-six months for the below-median debtor given the tremendous discrepancy between the value of the asset being preserved and the high cost to debtor and estate. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Duration of Payments.

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Consumer opinion summary, case decided on March 15, 2023 , LexisNexis #0523-021
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Kipps, In re

Sep
30
2022
Ruling
Debtor was not entitled to confirmation of his proposed Chapter 13 plan as debtor filed hisbankruptcy case solely to further delay paying his ex-spouse under an equitable distributionorder in their divorce. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-047
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Kinney, In re--Kinney v. HSBC Bank USA, N.A.

Jul
23
2021
Ruling
Court affirmed dismissal of debtor's Chapter 13 case as Congress intended to limit paymentsunder Chapter 13 plans to five years. (10th Cir.)
Issue(s)
Contents of Plan; Duration of Payments.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 23, 2021 , LexisNexis #0921-047
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Flinn, In re

Apr
22
2020
Ruling
Chapter 13 debtors' plans were confirmed despite the trustee's objection to terms of more thanthree years as debtors demonstrated good cause. (Bankr. D. Kan.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on April 22, 2020 , LexisNexis #0620-072
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In re Adlawan

Jun
25
2015
Ruling
Debtor could not reconvert one year-old case to chapter 13 where proposed plan would exceed 60-month requirement given the age of the case.
Issue(s)
Did proposed chapter 13 plan with a term of 60 months, in case reconverted to chapter 13 plan from chapter 7, exceed the 60 month requirement where the case was twelve months old?

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Consumer opinion summary, case decided on June 25, 2015 , LexisNexis #0715-100
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Dehart v. Lopatka (In re Lopatka)

Feb
17
2009
Ruling
Above median debtor with negative disposable income could propose plan with term of less than five years.
Procedural posture

Chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the above-median debtor's plan with a negative projected monthly disposable income could not be confirmed over the objection if the plan did not provide full payment of all allowed unsecured claims and was for less than five years. The court considered whether the plan duration could be set at less than five years.

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Consumer opinion summary, case decided on February 17, 2009 , LexisNexis #0409-091
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In re Spraggins

Apr
11
2008
Ruling
Below-median debtor was not required to devote 100% of tax refunds for three years of proposed plan.
Procedural posture

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and submitted a proposed plan. A trustee objected to the plan, contending that the debtor needed to dedicate 100% of her tax refunds for 36 months or that the debtor could propose a plan for 60 months with contributions of 50% of the tax refunds.

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Consumer opinion summary, case decided on April 11, 2008 , LexisNexis #0508-019
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In re Hendrick

Sep
04
2007
Ruling
Court declined to extend date for plan completion to allow for discharge where debtor had missed seven payments.
Procedural posture

Debtor asked the court to exercise its equitable powers to allow her to obtain a chapter 13 discharge by extending the date for completion of her chapter 13 plan payments. The chapter 13 trustee moved to dismiss the case, alleging that she was $15,000 in arrears on her payments.

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opinion summary, case decided on September 04, 2007 , LexisNexis #1007-032
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