Mahler, In re
Jun
07
2023
Ruling
Disbursement of payments by the trustee to the mortgage lender, rather than direct payments by the debtor, offered a greater likelihood of achieving the debtor's goals for her Chapter 13 plan. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Mandatory Provisions.
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Court
:
- 11 U.S.C.
Bingham, In re
May
01
2018
Ruling
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
Issue(s)
Contents of Plan; Mandatory Provisions; Payment of Priority Claims.
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Court
:
- 11 U.S.C.
In re Luetkenhaus
Aug
23
2016
Ruling
Confirmation denied due to failure to provide for payment of nondischargeable fees incurredby debtor’s former spouse in child support proceeding. (Bankr. D. Or.)
Issue(s)
Whether debt was a priority claim for a domestic support obligation that is required to be paid in full through debtor’s plan?
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Court
:
- 11 U.S.C.
In re Eckerstorfer
Mar
25
2014
Ruling
Confirmation denied due to failure to properly provide for claim of debtor's former spouse for maintenance arrears.
Issue(s)
Should confirmation be denied due to improper treatment of maintenance payments owed by debtor to former spouse in plan due to proposed setoff of the amount owed against prepetition payments made by debtor on joint tax liability?
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Court
:
- 11 U.S.C.
In re Ashby
Jun
25
2013
Ruling
Confirmation denied due to failure to provide for payment of priority domestic support obligation claim.
Procedural posture
Chapter 13 debtor filed a motion for confirmation of his first amended plan of reorganization. Respondent creditor, the debtor's ex-spouse, objected to confirmation of the plan and filed a motion to dismiss the case. The court held a hearing and issued its findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Ashby
Jan
23
2013
Ruling
Plan could not be confirmed due to failure to pay consulting fee owed to former spouse.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to the debtor's plan and asked the court for relief under 11 U.S.C.S. § 362 so she could enforce a property settlement agreement ("PSA") she entered with the debtor when they were divorced in 2009. The court held a hearing on the ex- wife's objection and request for relief.
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Court
:
- 11 U.S.C.
Michigan v. Wilson (In re Wilson)
Feb
10
2012
Ruling
Plan properly confirmed over objection of state where debtor filed proof of claim for prepetition taxes.
Procedural posture
Appellant State challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which overruled the State's objections to the confirmation of appellee debtors' chapter 13 plan and confirmed the plan.
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Court
:
- 11 U.S.C.
Burnett v. Burnett (In re Burnett)
Jul
20
2011
Ruling
Confirmed plan had res judicata effect on family court support orders despite violating §1327(a).
Procedural posture
Appellant ex-husband appealed an order of the United States Bankruptcy Appellate Panel for the Eighth Circuit that reversed a judgment of the bankruptcy court that had held that a family court's income-withholding order in favor of appellee ex-wife had contravened a confirmed Chapter 13 bankruptcy plan in that it exceeded the $300-per-month repayment schedule that the plan provided for.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Nelson
Apr
22
2011
Ruling
Debtor's obligation to assume mortgage and hold former spouse harmless was not a domestic support order and not entitled to priority treatment.
Procedural posture
In a debtor's chapter 13 case, a creditor objected to confirmation of the chapter 13 plan on the grounds that it failed to provide for full payment of an alleged domestic support obligation (DSO) as required by 11 U.S.C.S. § 1322(a)(2).
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Court
:
- 11 U.S.C.
Giesbrecht v. Fitzgerald (In re Giesbrecht)
Apr
28
2010
Ruling
Case remanded to allow confirmation of debtor's original plan proposing direct payments of car loan to creditor.
Procedural posture
Debtors sought review of orders from the bankruptcy court for the Western District of Washington, which entered judgment in favor of appellee trustee and denied confirmation of the debtors' plan because it proposed direct payments of a car loan to a creditor instead of through the plan and which confirmed the debtors' amended plan, which proposed to pay the car loan through the plan.
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Court
:
Judge or Jurisdiction information not available