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§ 1325

Sweitzer v. Gallite (In re Gallite)

Ruling
HAVEN Act allowed for modification of debtor’s plan to deduct monthly VA disabilitybenefits from her disposable income. (Bankr. E.D. Mich.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on August 23, 2019 , LexisNexis #0420-096

Rodriguez, In re

Ruling
Trustee's objection to proposed Chapter 13 plan was overruled except as to entertainment,education and family contributions not reasonably necessary for the maintenance or supportof below median income debtors. (Bankr. E.D. Cal.)
Issue(s)
Confirmation of Plan; Objections; `Disposable Income'' Defined; Income Not

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Consumer opinion summary, case decided on August 21, 2019 , LexisNexis #1019-071

Foley, In re

Ruling
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on August 19, 2019 , LexisNexis #1019-070

Conrad, In re

Ruling
Debtors' plan was not proposed in good faith as it failed to commit all of debtors' monthlydisposable income for the benefit of unsecured non-priority creditors. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on August 13, 2019 , LexisNexis #1019-048

Anderson, In re

Ruling
Debtors were entitled to a net monthly deduction as their transportation ownership cost underthe IRS Local Standards incorporated in 11 U.S.C. § 707(b)(2)(A)(ii)(I) and a monthly debtpayment under § 707(b)(2)(A)(iii). (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on August 09, 2019 , LexisNexis #1019-049

Winstead, In re

Ruling
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 31, 2019 , LexisNexis #0919-097

Long, In re

Ruling
Trustee's objection to plan confirmation based on debtors' failure to file tax returns wasoverruled as returns were not due to be filed with the IRS until after the date on which themeeting of creditors was first scheduled to be held. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Filing of Tax Returns.

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Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-073

Olsen, In re

Ruling
Court confirmed debtor's plan as the balloon payment at the end of the five-year plan waspermissible as proposed. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-072

Beasley, In re

Ruling
Plan confirmation denied for debtor's lack of candor in state court filings and disregard forstate court orders. (Bankr. N.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on July 03, 2019 , LexisNexis #0919-021

Plevyak, In re--Solar Innovations, Inc. v. Plevyak

Ruling
Confirmation of debtor's amended plan was denied where debtor had not sustained hisburden concerning the best interests of creditors test. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No

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Consumer opinion summary, case decided on May 24, 2019 , LexisNexis #0819-018