- 11 U.S.C.
In re Amos
Jun
28
2011
Ruling
Confirmation of plan including no payments to unsecured creditors while making payments on vacation home loan denied for lack of good faith.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Hicks
Jun
15
2011
Ruling
Case dismissed where nonconfirmable plan was not proposed in good faith.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Herrmann
Feb
09
2011
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Burnett
Jan
21
2011
Ruling
Failure to include Social Security benefits in plan was not basis for denial of confirmation.
Procedural posture
Debtors filed separate petitions under chapter 13 of the Bankruptcy Code in two bankruptcy cases, and the same trustee was appointed to administer both cases. The trustee filed an objection to plans the trustees filed in both cases, claiming that the plans could not be confirmed because the debtors did not include social security payments they were receiving when they calculated their projected disposable income.
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Court
:
- 11 U.S.C.
In re Thomas
Dec
29
2010
Ruling
Confirmation denied as not proposed in good faith due to insufficient contribution of net monthly income to unsecured creditors.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors that excluded Social Security income ("SSI") he was receiving from his projected disposable income ("PDI") and paid a zero dividend to his unsecured creditors. A trustee who was appointed to administer the debtor's bankruptcy plan filed an objection to the plan.
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Court
:
- 11 U.S.C.
In re Hingiss
Dec
02
2010
Ruling
Confirmation denied due to debtors' attempt to cramdown "910 vehicle" claim.
Procedural posture
A creditor objected to the debtors' proposed chapter 13 plan based on lack of good faith under 11 U.S.C.S. § 1325(a)(3) and on the doctrine of equitable tolling.
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Court
:
- 11 U.S.C.
In re Lofty
Sep
30
2010
Ruling
Confirmation denied for lack of good faith due to support for son and grandson of debtors who were not legal dependents.
Procedural posture
Before the court for confirmation was debtors' Chapter 13 plan of reorganization. The trustee objected to confirmation.
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Court
:
- 11 U.S.C.
In re McDonald
Sep
30
2010
Ruling
Confirmation denied for bad faith due to retention of high end home and vehicles with little recovery for unsecured creditors.
Procedural posture
Bankruptcy debtors proposed a Chapter 13 plan which provided for retention of the debtors' home and vehicles, payment of state sales taxes which were mistakenly not paid by one debtor's businesses, and little or no distribution to unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
Fink v. Thompson (In re Thompson)
Sep
16
2010
Ruling
Plain language of code precludes objection to plan for bad faith based on exclusion of social security income.
Procedural posture
Appellant, the Chapter 13 Trustee for appellee debtors' bankruptcy estate, challenged an order of the U.S. Bankruptcy Court for the Western District of Missouri confirming debtors' Chapter 13 plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Westing
Jul
13
2010
Ruling
Plan that would result in substantial surplus to debtors could not be confirmed as filed in bad faith.
Procedural posture
The Chapter 13 debtors presented their amended plan for confirmation, and the trustee and several creditors filed objections to the plan, asserting that it was not proposed in good faith, as required by 11 U.S.C.S. § 1325(a)(3).
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Court
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