- 11 U.S.C.
In re Smith
Jun
06
2011
Ruling
Motion for early payoff of chapter 13 plan that was unopposed by creditors granted over trustee's objection.
Procedural posture
Debtor filed a motion to approve early payoff of chapter 13 plan and request for additional presumptively reasonable fee. The motion for early payoff sought court approval for debtor to complete her chapter 13 plan earlier than the statutorily mandated applicable commitment period under 11 U.S.C.S. § 1325(b)(4) by immediate payment of a lump sum equal to the amount due her creditors under the confirmation order. The chapter 13 trustee objected.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Meade
Feb
11
2011
Ruling
Confirmation of above-median debtor's plan denied due to term of less than 60 months.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtors' plan.
ABI Membership is required to access the full summary of In re Meade Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Wing
Sep
09
2010
Ruling
Confirmation denied for failure to devote all projected disposable income to unsecured creditors.
Procedural posture
Chapter 13 debtors sought confirmation of their 36-month chapter 13 plan which provided for $2,180 for unsecured creditors. The trustee objected, arguing the debtors were above the applicable median income and therefore had to amend their plan to extend the plan to 60 months pursuant to 11 U.S.C.S. § 1325(b)(4).
ABI Membership is required to access the full summary of In re Wing Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Whaley v. Tennyson (In re Tennyson)
Jul
16
2010
Ruling
Confirmation of above median debtor's plan reversed for insufficient duration and failure to pay unsecured creditors in full.
Procedural posture
A chapter 13 debtor proposed a 3-year plan without providing for full repayment of his unsecured creditors. Plaintiff trustee objected, arguing 11 U.S.C.S. § 1325(b)(4) required above median income debtors to remain in bankruptcy for at least 5 years, unless unsecured claims were paid in full. The bankruptcy court confirmed the 3-year plan and the District Court for the Northern District of Georgia affirmed. The trustee appealed.
ABI Membership is required to access the full summary of Whaley v. Tennyson (In re Tennyson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Vollen
Mar
19
2010
Ruling
Confirmation denied due to improper marital deductions for non-debtor spouse and need for longer, above median debtor commitment period once corrected.
Procedural posture
The chapter 13 trustee filed objections to the confirmation of the debtor's proposed chapter 13 plan. The debtor claimed marital adjustment deductions for her non-filing spouse on Official Bankr. Form 22C, Lines 13 and 19, and the trustee objected to her statement of current monthly income and her calculation of commitment period and disposable income.
ABI Membership is required to access the full summary of In re Vollen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bostwick
Jun
23
2009
Ruling
Plan confirmed over trustee's objection where not all claims would be paid in full but all projected disposable income would be contributed.
Procedural posture
The chapter 13 bankruptcy trustee objected to confirmation of the debtor's plan.
ABI Membership is required to access the full summary of In re Bostwick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ariyaserbsiri
Sep
17
2008
Ruling
Below-median debtor's income had to be combined with that of non-debtor spouse in determining appropriate commitment period.
Procedural posture
A bankruptcy debtor proposed a plan which provided for payments over a period less than five years because the debtor's income was below the median income of a family similar to the debtor's family. The bankruptcy trustee objected to confirmation of the debtor's plan on the ground that the debtor's family income exceeded the median when the income of the debtor's non-filing spouse was included, and thus the five-year commitment period applied.
ABI Membership is required to access the full summary of In re Ariyaserbsiri Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sanchez
Sep
12
2008
Ruling
Above-median debtor's plan could not be confirmed as proposing only partial repayment of unsecured creditors over less than five years.
Procedural posture
The Standing chapter 13 trustee objected to confirmation of the plan of an above-median-income debtor on the grounds that it was not a 60-month plan as required under 11 U.S.C.S. § 1325(b)(4).
ABI Membership is required to access the full summary of In re Sanchez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lane
Aug
19
2008
Ruling
Debtors required to file amended schedules and plan due to miscalculation on Form 22C.
Procedural posture
Respondent creditor filed an objection to the confirmation of the chapter 13 plan regarding petitioner debtors. The debtors were above median income debtors with an applicable commitment period of five years, pursuant to 11 U.S.C.S. § 1325(b)(4). The court conducted a hearing on the objection.
ABI Membership is required to access the full summary of In re Lane Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Zahn v. Fink (In re Zahn)
Aug
14
2008
Ruling
Bankruptcy court erred in requiring debtor with negative disposable income to refile amended plan with a minimum commitment period of 60 months.
Procedural posture
Appellant debtor challenged an order of the United States Bankruptcy Court for the Western District of Missouri that confirmed her second amended Chapter 13 plan. The bankruptcy appellate panel previously held that the debtor had no standing to appeal and dismissed her appeal for lack of jurisdiction. The United States Court of Appeals for the Eighth Circuit held that the debtor did have standing and reversed and remanded the appeal to the panel.
ABI Membership is required to access the full summary of Zahn v. Fink (In re Zahn) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available