- 11 U.S.C.
Giannini, In re
Jul
27
2022
Ruling
Court could not confirm debtor's Chapter 13 plan as debtor did not establish that she would beable to make all the payments under the plan. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with
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Court
:
- 11 U.S.C.
Nowacki, In re
Mar
25
2022
Ruling
Debtor failed to show that the amended plan was feasible as debtor failed to market theproperty at issue and testified that only one of the many Real Estate Groups was listed for salewith a realtor. (Bankr. N.D. Ind.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with
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Court
:
- 11 U.S.C.
Myers, In re
Nov
19
2021
Ruling
Debtor's proposed plan confirmed as there was no basis for a finding of bad faith. (Bankr. W.D.Ky.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with
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Court
:
- 11 U.S.C.
Fuller, In re
Jul
08
2020
Ruling
Confirmation of Chapter 13 plan was denied due to nonstandard provision that did not provide for payment of two secured claims. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with Plan.
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Court
:
( Judge Warren ) [ Bankruptcy Court ]
- 11 U.S.C.
In re Deutsch
Apr
20
2015
Ruling
Confirmation denied where debtor lacked sufficient income and the plan relied on uncertain contributions from debtor's mother and boyfriend.
Issue(s)
Could a plan relying on contributions from nondebtor third parties be confirmed where the debtor's monthly take-home income was insufficient to pay all of her expenses, including plan payments?
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:
- 11 U.S.C.
Harris v. Boston Private Bank & Trust Co. (In re Harris)
Aug
20
2013
Ruling
Reconversion of chapter 13 case to chapter 7 denied due to omissions and lack of feasibility of proposed plan.
Issue(s)
Did debtor satisfy burden of establishing likelihood of confirmation and feasibility of proposed plan to justify reconversion from chapter 7 to chapter 13.
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:
- 11 U.S.C.
In re Moore
Jun
18
2013
Ruling
Confirmation denied due to negative projected disposable income and case ordered converted unless confirmable plan was filed within 14 days.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to reconvert.
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:
- 11 U.S.C.
In re Brown
Mar
25
2013
Ruling
Confirmation of amended plan filed by debtor's personal representative denied and case dismissed where debtor was deceased.
Procedural posture
Before the court was a motion for consideration of a chapter 13 plan filed by a representative of the debtor, who was deceased. The chapter 13 trustee objected to confirmation.
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:
- 11 U.S.C.
In re Lewis
Sep
23
2010
Ruling
Case dismissed where debtor's domicile, residence and principal place of business were in another state.
Procedural posture
The State of Colorado objected to a chapter 13 debtor's plan on the ground that venue in Illinois was not proper under 28 U.S.C.S. § 1408.
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:
- 11 U.S.C.
Bertrand v. Countrywide Home Loans Inc. (In re Bertrand)
Apr
29
2010
Ruling
Plan confirmation granted but denied with respect to mortgagee due to lack of feasibility.
Procedural posture
In plaintiff chapter 13 debtors' adversary proceeding against defendant mortgagee for an order cramming down their chapter 13 plan to allow non-debtor third parties to live in the mortgaged real estate and valuing defendant's secured claim at $512,638, plaintiffs filed various motions including motions for judgment on the pleadings, to strike answer, to disallow defenses, to enter a default, and for sanctions.
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: