Aug
31
2012
In re Cooper
A below-median income debtor who was not eligible to declare chapter 7 bankruptcy filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan that did not pay anything to unsecured creditors. A hospital that was owed $24,760 filed an objection to confirmation of the debtor's plan but negotiated a settlement with the debtor, and the debtor asked the court to approve the settlement and to confirm her amended plan.
Ruling:
Confirmation denied as student loan debt was treated unfairly.
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Consumer case opionion summary, case decided on August 31,2012, LexisNexis #0213-100
Aug
31
2012
In re Weltlich
This case came before the court for a further hearing on confirmation of debtor's pending proposed amended chapter 13 plan. A creditor, debtor's former spouse, filed an objection to confirmation.
Ruling:
Plan confirmed due to modifications that overcame court's concerns over good faith.
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Consumer case opionion summary, case decided on August 31,2012, LexisNexis #1012-099
Jul
10
2012
In re Evans
The estate of a debtor's former spouse filed an objection to the confirmation of the debtor's chapter 13 plan.
Ruling:
Plan that evidenced a sincere effort at repayment confirmed over objection of former spouse's estate.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-031
May
09
2012
Meyer v. Lepe (In re Lepe)
Chapter 13 Trustee challenged the order of the U.S. Bankruptcy Court for the Eastern District of California confirming appellee debtor's amended plan.
Ruling:
Confirmation of plan which stripped lien while paying only percentage of unsecured claims was proper based on totality of circumstances.
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Consumer case opionion summary, case decided on May 09,2012, LexisNexis #0612-103
Jan
26
2012
In re Osborn
A creditor, the former spouse of a chapter 13 debtor, objected to confirmation of his plan, asserting that her claim was a priority unsecured domestic support obligation under 11 U.S.C.S. § 507(a)(1)(A). She also contended that the plan was not filed in good faith under 11 U.S.C.S. § 1325(a)(3). The debtor objected to the classification of the claim as a domestic support obligation.
Ruling:
Confirmation denied due to failure to properly accommodate nondischargeable priority domestic support obligation.
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Consumer case opionion summary, case decided on January 26,2012, LexisNexis #0212-097
Jan
13
2012
In re Lawhorn
Creditors objected to the confirmation of a debtor's chapter 13 plan on the ground that he did not filed his plan in good faith under 11 U.S.C.S. § 1325(a)(3).
Ruling:
Chapter 13 plan proposing to pay creditors more than they would have received in a chapter 7 case was filed in good faith despite exemption claim in entireties property.
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Consumer case opionion summary, case decided on January 13,2012, LexisNexis #0612-104
Jul
08
2011
In re Brown
Debtor filed a motion to modify, pursuant to 11 U.S.C.S. § 1329(a), her confirmed chapter 13 plan, which valued her motor vehicle creditor's purchase money security interest claim at $6,268.11, payable at 4.25 percent interest. The creditor objected to the plan, asserting that the proposed modification failed meet the good faith requirement of 11 U.S.C.S. § 1325(a)(3), and that the modification was unwarranted.
Ruling:
Plan modification to allow surrender of motor vehicle with blown engine denied for lack of good faith.
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Consumer case opionion summary, case decided on July 08,2011, LexisNexis #0811-102
Jun
28
2011
In re Amos
Chapter 13 debtors sought confirmation of a plan under that proposed to cure the arrearage on a mortgage loan secured by a vacation home, while also maintaining substantial monthly payments on only the first mortgage on that property. The plan proposed to make no payments to unsecured creditors, and the second mortgage creditor objected to the plan as not brought in good faith under 11 U.S.C.S. § 1325(a)(3).
Ruling:
Confirmation of plan including no payments to unsecured creditors while making payments on vacation home loan denied for lack of good faith.
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Consumer case opionion summary, case decided on June 28,2011, LexisNexis #0811-067
Jun
15
2011
In re Hicks
Chapter 13 trustee objected to confirmation of debtors' plan and filed a motion to dismiss the debtors' bankruptcy case. At the end of the confirmation hearing, the debtors' counsel informed the court that, if the trustee's motion was granted, the debtors intended to appeal. Counsel made an oral motion on the record for the court to stay its order pending appeal.
Ruling:
Case dismissed where nonconfirmable plan was not proposed in good faith.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-136
Feb
09
2011
In re Herrmann
Chapter 13 debtors, a husband and wife, sought confirmation of their plan. The chapter 13 trustee objected to confirmation, arguing that the plan had not been proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3) and that the plan did not meet the applicable commitment period.
Ruling:
Confirmation of plan proposing retention of social security income and use of spouse's income to pay expenses denied due to lack of good faith.
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Consumer case opionion summary, case decided on February 09,2011, LexisNexis #0311-095
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