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§ 1325(a)(8)

In re Bruce

Ruling
Confirmation denied due to failure to provide for priority claim for child support arrears.(Bankr. W.D. Va.)
Issue(s)
Could debtor’s chapter 13 plan be confirmed over creditor’s objection to treatment of child support arrearage?

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Consumer opinion summary, case decided on September 06, 2016 , LexisNexis #0916-134

In re Blohm

Ruling
Trustee ordered to pay debtor's prepetition child support obligation pending state court ruling on postpetition support.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors. The debtor's ex-wife filed a claim in the amount of $35,626 against the debtor's bankruptcy estate and asked the court to dismiss the debtor's case, or for an order converting the case to one under chapter 7 of the Bankruptcy Code. The court held a hearing on the ex- wife's motion.

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Consumer opinion summary, case decided on March 08, 2013 , LexisNexis #0413-065

In re Hobbs

Ruling
Modification denied and case dismissed due to lack of feasibility of plan.
Procedural posture

Chapter 13 debtors filed a motion to modify or suspend plan payments. The chapter 13 trustee filed a motion to dismiss the case.

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Consumer opinion summary, case decided on May 07, 2012 , LexisNexis #0612-066

In re Haney

Ruling
Confirmation denied due to failure to pay priority claims resulting from debtor's divorce in full.
Procedural posture

A debtor filed an amended plan for confirmation. The debtor's former wife filed an objection to confirmation of the amended plan, challenging the failure of the plan to pay priority claims in full. The objection also resurrected a previous assertion that the debtor's chapter 13 case was filed in bad faith solely to stymie enforcement of a final divorce decree.

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Consumer opinion summary, case decided on August 24, 2010 , LexisNexis #1010-028