- 11 U.S.C.
In re Bridgeforth
Jul
29
2016
Ruling
Confirmation denied as debtor was not devoting all disposable income to plan. (Bankr. M.D.Pa.)
Issue(s)
Was debtor devoting sufficient income to chapter 13 plan for it to be confirmed?
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Court
:
- 11 U.S.C.
In re Crawford
Jul
21
2016
Ruling
Confirmation denied pending amended plan with provisions obligating debtor to pay allunsecured creditors in full. (Bankr. W.D. Tex.)
Issue(s)
Whether debtor’s chapter 13 plan cannot be modified or changed unless it continues to provide for full payment of unsecured claims
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Court
:
- 11 U.S.C.
In re Haroldson
May
19
2016
Ruling
Confirmation denied as debtor could not claim homestead exemption in property owned entirely by spouse.
Issue(s)
Whether a debtor may deduct mortgage or rent on Form I22C-1 when the house he lives in has no mortgage and is not owned by him?
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Court
:
- 11 U.S.C.
In re Jackson
May
29
2015
Ruling
Plan that would benefit debtor at the expense of unsecured creditors could not be confirmed.
Issue(s)
Should confirmation of chapter 13 plan be denied on trustee's objection that would modify and pay off motor vehicle loan but not provide sufficient payment to unsecured creditors?
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Court
:
- 11 U.S.C.
In re Barnes
Mar
17
2015
Ruling
Confirmation denied due to above-median debtor's failure to include anticipated tax refund in disposable income calculation.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied for failing to pay interest on Debtor's allowed general unsecured claims and not committing all of debtor's disposable income into the plan?
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Court
:
- 11 U.S.C.
Kramer v. Bankowski (In re Kramer)
Mar
03
2014
Ruling
Confirmation properly denied as monthly payment on stripped mortgage could not be deducted by above median debtor from projected disposable income.
Issue(s)
Did bankruptcy court properly sustain trustee's objection to confirmation on grounds that debtors did not meet the "best efforts" test where they deducted payments on mortgage they proposed to strip off from their projected disposable income calculation?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Uhlig
Jan
30
2014
Ruling
Chapter 13 plan excluding cash surrender value of whole life insurance policy could be confirmed.
Issue(s)
Whether the cash surrender value increase of a whole life policy over the life of the plan should be considered disposable income to be paid as an additional dividend to creditors with unsecured claims.
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Court
:
- 11 U.S.C.
In re Garrepy
Nov
06
2013
Ruling
Payments on stripped off mortgage could not be deducted from projected disposable income calculation.
Issue(s)
Whether debtors could deduct payments for a stripped mortgage when calculating projected disposable income under 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Dye
Aug
16
2013
Ruling
Confirmation denied due to failure to allocate sufficient funds to pay off unsecured debt.
Issue(s)
Whether the Social Security income of a debtor's non-filing spouse was to be included in the calculation of a chapter 13 debtor's projected disposable income.
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Court
:
- 11 U.S.C.
In re Braswell
Jun
27
2013
Ruling
Confirmation denied due to lack of accommodation for the time value of money in payment of unsecured creditors.
Procedural posture
Petitioner debtor filed an amended chapter 13 plan of reorganization. Pursuant to 11 U.S.C.S. § 1325, respondent trustee objected to confirmation of the debtor's amended plan on a number of grounds, most notably on grounds of lack of good faith and the failure to provide interest to unsecured claimants in the debtor's 100% plan. The court held a confirmation hearing and issued its ruling.
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Court
: