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§ 1325(a)(3)

In re Roberts

Mar
17
2006
Ruling
Creditor failed to show debtor's plan was not filed in good faith.
Procedural posture

Creditor filed an objection to confirmation of the debtor's proposed chapter 13 plan. The creditor claimed that the plan was not filed in good faith, citing numerous irregularities and inaccurate representations in the debtor's schedules, and that the plan was not feasible.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-138
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In re Whitaker

Nov
17
2005
Ruling
Motion to dismiss the debtor's chapter 13 case was granted with prejudice to bar refiling for 180 days since the debtors acted in bad faith.
Procedural posture

Creditor, the holder of a second mortgage on debtor's residence, moved to dismiss debtors'chapter 13 case pursuant to 11 U.S.C. § 1307(c)(1) and to bar the debtors from refiling for 180 days, given debtors'admitted efforts to delay and hinder the creditor.

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opinion summary, case decided on November 17, 2005 , LexisNexis #0206-083
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In re Brown

Jul
07
2005
Ruling
Code's good faith requirement warranted granting trustee's motion to amend debtor's confirmed chapter 13 plan due to increase in available income.
Procedural posture

Chapter 13 trustee filed a motion for a modification of debtor's confirmed plan to raise the monthly plan payments, on the grounds that his disposable income significantly increased following plan confirmation. Trustee also sought to require debtor to apply the proceeds of a post-confirmation refinancing of his residence as an additional lump sum plan payment.

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opinion summary, case decided on July 07, 2005 , LexisNexis #0106-103
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In re Moroney

Jun
08
2005
Ruling
Chapter 13 petition was dismissed due to debtor bad faith in proposing modest payout in plan since the tax debt was recently not discharged under chapter 7 and the debtor showed no evidence of financial troubles or efforts to pay the tax debt.
Procedural posture

Primary creditor, the IRS, objected to the confirmation of the debtor's chapter 13 plan for lack of good faith and for not devoting all of debtor's disposable income into the performance of the plan. The U.S. trustee moved to dismiss the case based on 11 U.S.C. §§ 1307 and 1325.

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opinion summary, case decided on June 08, 2005 , LexisNexis #0106-102
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