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§ 1325(a)(1)

Cherry, In re

Jul
06
2020
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
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Travis, In re--DeHart v. Travis

Sep
22
2017
Ruling
Court denied confirmation of debtors' plans for containing provisions that violated the bankruptcy code. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Compliance with Title 11.

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Consumer opinion summary, case decided on September 22, 2017 , LexisNexis #1017-115
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In re Nicodemus

Jun
30
2016
Ruling
Confirmation denied due to provision requiring trustee to pay estate funds to debtor’s counselupon conversion. (Bankr. S.D. Ohio)
Issue(s)
Whether the court may confirm a chapter 13 debtor's plan that contains a special plan provision assigning any funds which the Chapter 13 Trustee is holding at the time of a conversion of the case to the debtor's bankruptcy counsel for payment of at

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Consumer opinion summary, case decided on June 30, 2016 , LexisNexis #0816-083
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In re Minor

Jun
09
2015
Ruling
Chapter 13 plan confirmed over objection of city that lacked standing to object.
Issue(s)
Should city's objection to chapter 13 plan be sustained or should the plan be confirmed?

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Consumer opinion summary, case decided on June 09, 2015 , LexisNexis #0915-132
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In re Espanol

Apr
22
2014
Ruling
Confirmation denied due to proposed modification of rights of holder of claim secured by mortgage on debtor's primary residence denied.
Issue(s)
Whether a "due on sale clause" in a mortgage covering the debtors' principal residence triggered by a pre-petition default can be modified in debtor's chapter 13 Plan?

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Consumer opinion summary, case decided on April 22, 2014 , LexisNexis #0514-064
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In re Pineda-Pineda

Apr
18
2014
Ruling
Discharge denied due to untimely attempt to cure tax deficiency.
Issue(s)
Could tax claim that had already gone to judgment prior to petition date be cured in debtors'chapter 13 plan?

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Consumer opinion summary, case decided on April 18, 2014 , LexisNexis #0514-065
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In re VanDyke

May
12
2011
Ruling
Confirmation denied due to improper operating expense deduction for older, inoperable vehicle.
Procedural posture

A Chapter 13 trustee objected to confirmation of a Chapter 13 plan filed by a debtor.

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Consumer opinion summary, case decided on May 12, 2011 , LexisNexis #0611-067
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In re Jemison

Sep
06
2007
Ruling
Plan approved but for any provisions calling for estate to retain more property than necessary for plan completion.
Procedural posture

Four chapter 13 cases came before the court for plan confirmation. The court, sua sponte, raised the issue of whether confirmation should be denied because a provision in each plan purported to postpone the re-vesting in the debtor of all property of the estate until the case is dismissed, converted, or closed violated 11 U.S.C. § 1325(a)(1) and (3).

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Consumer opinion summary, case decided on September 06, 2007 , LexisNexis #1007-093
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eCast Settlement Corp. v. Campbell (In re Campbell)

Mar
29
2007
Ruling
Debtor who lived with mother required to revise Form B22C to include her household contributions to current monthly income.
Procedural posture

A debtor filed a petition under chapter 13 and a plan for repaying his creditors, and a creditor filed an objection to confirmation of the plan, claiming that the plan could not be confirmed under 11 U.S.C. § 1325(a)(1) and (b) because the debtor had not complied with applicable provisions of the Bankruptcy Code and had failed to apply all projected disposable income to payments to unsecured creditors.

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opinion summary, case decided on March 29, 2007 , LexisNexis #1007-016
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