- 11 U.S.C.
Montenegro, In re
Dec
13
2023
Ruling
Chapter 13 debtor was allowed to modify her confirmed plan to refinance debt on appreciatednon-exempt real property and use the proceeds to pay secured and unsecured creditors early.(Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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- 11 U.S.C.
Phelps, In re
Sep
30
2023
Ruling
Debtor's second amended Chapter 13 plan failed to pass the "best interest of creditors" test.(Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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- 11 U.S.C.
Wright, In re
Sep
24
2021
Ruling
Trustee's objection to confirmation of debtors' Chapter 13 plan was sustained as debtors didnot show that the plan met the best interests of creditors test with respect to two propertiesabsent proper valuation. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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:
- 11 U.S.C.
Buettner, In re
Feb
16
2021
Ruling
Trustee’s objection to confirmation sustained as the amount to be distributed on allowedunsecured claims was not greater than or equal to the amount that would have been paid onsuch claims under Chapter 7. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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:
- 11 U.S.C.
Cruz, In re
Oct
12
2020
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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:
- 11 U.S.C.
Plevyak, In re--Solar Innovations, Inc. v. Plevyak
May
24
2019
Ruling
Confirmation of debtor's amended plan was denied where debtor had not sustained hisburden concerning the best interests of creditors test. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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- 11 U.S.C.
Thompson, In re
Mar
11
2019
Ruling
Plan calling for the disallowance of creditor to purchaser's proof of claim was not feasible.(Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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:
- 11 U.S.C.
Wood, In re
Feb
27
2019
Ruling
Court denied confirmation of debtor's plan as her current plan paid less than the amount thatwould be paid to nonpriority unsecured creditors if the estate was liquidated under chapter 7.(Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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:
- 11 U.S.C.
Hansen, In re
Sep
10
2018
Ruling
Confirmation of chapter 13 plan denied as it failed to meet the best interest of creditors as they received less under debtors' proposed plan than they would in a hypothetical chapter 7. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.
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:
- 11 U.S.C.
Trung Nhat Phan Thuy Hoang Vinh Cai, In re
Mar
09
2018
Ruling
Trustee's objection to confirmation sustained as the plan had proposed that an IRS priority unsecured claim be deducted in calculating the liquidation value of the estate. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.
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