Dec
02
2020
Shumbera, In re
Ruling:
Debtor's motion to modify confirmed plan denied where the balloon payment proposed bythe debtor was not equal to the preceding fifty-nine monthly payments. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on December 02,2020, LexisNexis #0121-073
Nov
20
2020
Tedesco, In re
Ruling:
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-044
Oct
29
2020
Stuteville, In re
Ruling:
Motion to dismiss debtor's Second Amended Plan of Reorganization was denied where debtorhad shown that he had been and would be able to make all payments under the plan. (Bankr.D.N.M.)
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Consumer case opionion summary, case decided on October 29,2020, LexisNexis #1220-072
Court: Judge or Jurisdiction information not available
Oct
12
2020
Cruz, In re
Ruling:
Chapter 13 plan did not meet the best interest of creditors test as debtors had not shown thatthe plan distributed property a claim that was not less than creditors would receive if thehome were sold in a Chapter 7 liquidation. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 12,2020, LexisNexis #1220-020
Sep
30
2020
Matthews, In re
Ruling:
Court determined that the Till interest rate was the appropriate rate to satisfy the valuationrequirement when an above median debtor opts to pay his unsecured claims in full over timewithout devoting all of his disposable income to his Chapter 13 plan. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-049
Sep
09
2020
Guthery, In re
Ruling:
Debtor could deduct the expense on her health insurance application when calculating herdisposable income because health insurance expense was "known or virtually certain" to beexpended. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 09,2020, LexisNexis #1020-071
Aug
28
2020
White, In re
Ruling:
Confirmation denied where debtor’s plan was not proposed in good faith. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 28,2020, LexisNexis #1020-044
Aug
26
2020
Diaz, In re--Diaz v. Viegelahn
Ruling:
Court held the provision in Chapter 13 bankruptcy plan requiring debtors to turn over taxrefund amount in excess of $2,000 as invalid because it abridged debtors' substantive rights.(5th Cir.)
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Consumer case opionion summary, case decided on August 26,2020, LexisNexis #1020-020
Court: Judge or Jurisdiction information not available
Jul
27
2020
Hefty, In re
Ruling:
Trustee's objection to confirmation of debtor's plan was sustained as debtor's plan did notcommit to pay the claims of unsecured creditors. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-047
Jul
16
2020
Valdivia, In re--Hauk v. Valdivia
Ruling:
Plan could not be confirmed due to failure to treat domestic support obligation as a priority claim. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 16,2020, LexisNexis #0820-097
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