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§ 1325

Diaz, In re--Diaz v. Viegelahn

Ruling
Court held the provision in Chapter 13 bankruptcy plan requiring debtors to turn over taxrefund amount in excess of $2,000 as invalid because it abridged debtors' substantive rights.(5th Cir.)
Issue(s)
Confirmation of Plan; Objections; `Disposable Income'' Defined.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 26, 2020 , LexisNexis #1020-020

Hefty, In re

Ruling
Trustee's objection to confirmation of debtor's plan was sustained as debtor's plan did notcommit to pay the claims of unsecured creditors. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

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Consumer opinion summary, case decided on July 27, 2020 , LexisNexis #0920-047

Valdivia, In re--Hauk v. Valdivia

Ruling
Plan could not be confirmed due to failure to treat domestic support obligation as a priority claim. (Bankr. E.D. Mich.)
Issue(s)
Confirmation of Plan.

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Court :
Consumer opinion summary, case decided on July 16, 2020 , LexisNexis #0820-097

Mojica Nieves & Navarro Pastor, In re

Ruling
Court determined that debtors' proposed plan did not affect private association's lien. (Bankr.D.P.R.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 15, 2020 , LexisNexis #0820-098

Fuller, In re

Ruling
Confirmation of Chapter 13 plan was denied due to nonstandard provision that did not provide for payment of two secured claims. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with Plan.

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Court :
Consumer opinion summary, case decided on July 08, 2020 , LexisNexis #0820-046

Cherry, In re

Ruling
Confirmation of Chapter 13 plan that held property in the estate reversed. (7th Cir.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Compliance with Title 11.

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Consumer opinion summary, case decided on July 06, 2020 , LexisNexis #0820-045

Axline, In re

Ruling
Chapter 13 plan confirmation was denied because it failed the means test as to the IRS National and Local Standards of reasonableness and necessity. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or Allowed Unsecured Claimholder.

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Court :
Consumer opinion summary, case decided on June 15, 2020 , LexisNexis #0720-099

Walker, In re

Ruling
Confirmation of Chapter 13 plan filed by frequent debtor denied due to repetition conductincluding concealment and misrepresentation. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on April 02, 2020 , LexisNexis #0520-069

Cerchia, In re

Ruling
Court denied debtors' motion to modify the proof of claim as debtors had not proposed aspecific payment scheme. (Bankr. D.N.J.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 03, 2020 , LexisNexis #0420-071

Whitt, In re

Ruling
Court held that post-petition retirement contributions are not considered disposable income.(Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Objections; `Disposable Income'' Defined.

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-023