- 11 U.S.C.
In re Buck
Jul
09
2010
Ruling
Attorney ordered to disgorge fees in cases in which he filed "attorney fee only" chapter 13 plans.
Procedural posture
Before the court were Applications for Approval of Debtor's Counsel's Fees and Expenses (together, the Fee Applications) filed by an attorney in these separate, but interrelated, chapter 7 cases. The chapter 13 Trustee opposed the Applications.
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Court
:
- 11 U.S.C.
In re Sweet
Apr
30
2010
Ruling
Plan in which debtors were to retain large home in which there was no equity while paying small dividend to unsecured creditors was proposed in good faith.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' plan, contending that it was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3) because the debtors were proposing to keep a large home while paying a low-percentage dividend to unsecured creditors.
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Court
:
- 11 U.S.C.
In re Rowell
Dec
15
2009
Ruling
Confirmation of second modified plan denied due to treatment of IRS claim.
Procedural posture
The chapter 13 debtor filed an objection to the proof of claim of the United States Internal Revenue Service (IRS) asserting that the Debtor owed it a total of $ 18,827.21, and the IRS filed an objection to the confirmation of the debtor's second modified plan.
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Court
:
- 11 U.S.C.
In re Dipman
Oct
29
2009
Ruling
Confirmation of chapter 13 plan denied and case dismissed due to bad faith as evidenced by postpetition business conduct.
Procedural posture
The debtors presented their amended chapter 13 plan for confirmation. The trustee and several creditors object to confirmation, primarily questioning the debtors' good faith in proposing the plan under 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
In re Lilienthal
Sep
23
2009
Ruling
Confirmation denied due to uncertain effect of retention of recreational assets on unsecured creditors.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for retention of their house, boat, and camper through payments to secured creditors, and for payment to unsecured creditors from the remainder of their disposable income. The bankruptcy trustee objected to confirmation of the debtors' plan based on lack of good faith.
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Court
:
- 11 U.S.C.
In re Picht
Jun
20
2009
Ruling
Creditor's claim in chapter 13 case limited to in rem where debtor's personal obligation had been discharged in prior chapter 7 case.
Procedural posture
The matter was remanded to the court from the Bankruptcy Appellate Panel for the Tenth Circuit (BAP). the BAP reversed the court's original order confirming the chapter 13 plan and struck from the record the court's opinion supplementing the confirmation order. The court was ordered to enter findings of fact and conclusions of law in accordance with BAP's opinion.
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Court
:
- 11 U.S.C.
In re Sherman
Jun
09
2009
Ruling
Chapter 13 case devoted to restructuring debt to former spouse and four divorce attorneys dismissed for bad faith where parties' interest in real property was not yet settled.
Procedural posture
A debtor's entire chapter 13 case was devoted to restructuring payout to the debtor's former wife and four divorce attorneys. Counsel for the former wife urged the court, if it denied confirmation, to either dismiss the case or lift the automatic stay.
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Court
:
- 11 U.S.C.
In re Smith
Mar
24
2009
Ruling
33 month deferral of plan payments was not evidence of bad faith.
Procedural posture
The chapter 13 trustee objected to the debtors' proposed chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Cordle
Mar
19
2009
Ruling
Confirmation denied where plan called for debtor to retain and pay for recreational vehicles at expense of unsecured creditors.
Procedural posture
The chapter 13 trustee filed an objection to the debtors' amended chapter 13 plan on the ground that the plan was not proposed in good faith in violation of 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
In re Kelly
Mar
02
2009
Ruling
Confirmation denied for bad faith where debtor could afford to devote significantly more income to plan.
Procedural posture
One of the principal creditors of the chapter 13 debtor filed an objection to confirmation of the plan filed by the debtor. At issue are whether the plan properly provides for payment of the debtor's projected disposable income to the unsecured creditors under 11 U.S.C.S. § 1325(b), was proposed in good faith, as required by 11 U.S.C.S. § 1325(a)(3).
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Court
: