- 11 U.S.C.
In re Maxwell
Nov
08
2013
Ruling
Plan modification denied as not proposed in good faith due to failure to share benefits of increased income and loan modification with creditors.
Issue(s)
Was trustee's "good faith" objection to modified plan appropriate, on grounds that the modification did not reflect increase in debtors' income or amount saved on loan modification, where distribution to creditors was not decreased.
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Court
:
- 11 U.S.C.
In re Brinkley
Nov
05
2013
Ruling
Confirmation denied due to nonconsensual modification of secured claim on property that was debtor's residence on petition date.
Issue(s)
Whether mortgage creditors' objections to a plan confirmation should be sustained.
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Court
:
- 11 U.S.C.
In re Knowles
Nov
04
2013
Ruling
Confirmation denied due to treatment of student loan and state labor department claims more favorably than other unsecured claims.
Issue(s)
Could plan that treated debts owed to a student loan creditor and state department of labor dramatically more favorably than debts owed to other general unsecured creditors be confirmed.
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Court
:
- 11 U.S.C.
In re Rippe
Sep
25
2013
Ruling
Confirmation denied for bad faith due to debtor's attempts to thwart creditors.
Issue(s)
Should confirmation be denied for bad faith on the objection of debtor's former spouse.
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Court
:
- 11 U.S.C.
In re Green
Aug
27
2013
Ruling
Confirmation denied due to expense claims for vehicles purchased on credit under earlier plans without approval.
Issue(s)
Could debtor claim expenses for motor vehicle purchased without permission of trustee in prior bankruptcy case?
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Court
:
- 11 U.S.C.
Drummond v. Welsh (In re Welsh)
Mar
25
2013
Ruling
Plan complying with BAPCPA disposable income calculation and properly precluding Social Security income could not be found to be proposed in bad faith.
Procedural posture
Trustee objected to debtors' proposed chapter 13 plan, claiming that the plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3). The bankruptcy court overruled the objection, and the Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Rodriguez
Feb
11
2013
Ruling
Objection to confirmation sustained and extension of stay denied due to debtor's inability to propose confirmable plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, asked the court to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3)(B), proposed a first amended plan for paying his creditors. The debtor's ex-wife filed an objection to the debtor's motion to extend the stay and to confirmation of the debtor's plan. The court held a hearing on the debtor's request for confirmation and the ex-wife's objections.
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Court
:
- 11 U.S.C.
Meredith v. Roberts (In re Roberts)
Jan
24
2013
Ruling
Chapter 13 case dismissed with prejudice due to debtor's failure to disclose spouse's income.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in 2011, and after his case was converted to one under chapter 13 of the Bankruptcy Code, the court confirmed the debtor's chapter 13 plan. The chapter 13 trustee moved for an order dismissing the debtor's case after he learned that the debtor failed to disclose approximately $20,000 in income that was earned by his wife. The court held a hearing on the trustee's motion.
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Court
:
- 11 U.S.C.
In re Enabnit
Jan
17
2013
Ruling
Confirmation denied due to timeshare expenses that were neither reasonable nor necessary.
Procedural posture
Creditor of chapter 13 debtor objected to confirmation of the debtors' plan on the grounds of failure to comply with the disposable income test of 11 U.S.C.S. § 1325(b)(1)(B) and lack of good faith pursuant to 11 U.S.C.S. § 1325(a)(3) based on the debtors' expenses on a timeshare ownership.
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Court
:
- 11 U.S.C.
In re Platt
Nov
19
2012
Ruling
Confirmation of "fee only" plan denied unless amended plan could provide greater distribution to creditors.
Procedural posture
A below-median-income debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy plan. The trustee filed an objection to confirmation of the debtor's amended plan, claiming that it could not be confirmed because it was a "fee only" plan. The court held a hearing on the trustee's objection.
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Court
: