- 11 U.S.C.
In re Blinco
Aug
28
2006
Ruling
Confirmation denied due to debtors' insufficient monthly income, attempt to modify mortgage on primary residence, and failure to make payment towards mortgage arrearage until year five.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for payments for four years and increased payments thereafter to pay their mortgage arrearage. The debtors'mortgagee objected to confirmation of the plan on the grounds that it was not feasible under 11 U.S.C. § 1325(a)(6), improperly claimed a setoff against the mortgage under 11 U.S.C. § 1322(b)(2), did not cure the arrearage within a reasonable time under section 1322(b)(5).
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Court
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