- 11 U.S.C.
In re Butler
Mar
17
2009
Ruling
Confirmation denied due to failure to feasibly provide for proper adequate protection payments.
Procedural posture
The chapter 13 debtor's motor vehicle lien holding creditor filed an objection to the confirmation of the debtors' plan as proposed. The gravamen of the creditor's objection was that, upon confirmation, the payments to the creditor would cease for approximately seven months while the trustee was paying the administrative costs and attorney fees under the plan, and so the plan did not comply with 11 U.S.C.S. § 1326.
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Court
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