- 11 U.S.C.
In re Weilnau
Mar
14
2012
Ruling
Confirmation denied where value of assets exceeded amount of proposed distribution.
Procedural posture
The debtors sought confirmation of their proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation, arguing that the proposed plan did not meet the best interest of creditors test of 11 U.S.C.S. § 1325(a)(4).
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Court
:
- 11 U.S.C.
In re Hillard
Mar
13
2012
Ruling
Objection to confirmation sustained due to failure to include potentially avoidable interest of debtor's former spouse in real estate and mobile home in amount payable to creditors.
Procedural posture
Before the court was the trustee's objection to debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
DeHart v. Kresge (In re Kresge)
Feb
15
2012
Ruling
Confirmation denied for failure to account for property conveyed to debtor by parents.
Procedural posture
The chapter 13 trustee and a bank asked the court per 11 U.S.C.S. § 1325(a)(4) to deny confirmation of debtor's chapter 13 plan on the ground that it had improperly failed to account for the value of land conveyed to him and his brother by their parents, a conveyance of which debtor claimed to have been unaware until he filed his bankruptcy. At issue was the status of that interest as estate property per 11 U.S.C.S. § 541.
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Court
:
- 11 U.S.C.
In re Loeffler
Dec
21
2011
Ruling
Confirmation denied due to failure to adequately deal with possible avoidable transfer made on eve of filing date.
Procedural posture
Creditor bank filed an objection to chapter 13 debtor's second amended chapter 13 plan, and the court held a hearing on confirmation of that plan.
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Court
:
- 11 U.S.C.
In re Foresee
Aug
04
2011
Ruling
Confirmation denied due to failure to account for value of one-half of mutual fund and stocks.
Procedural posture
A chapter 13 trustee filed a motion to deny confirmation of the debtors' chapter 13 plan on the ground that it did not account for non-exempt equity in accounts jointly held by the debtor wife with her brother and mother in violation of 11 U.S.C.S. § 1325(a)(4). Those accounts included a certificate of deposit (CD), a mutual fund, and shares of stock in three companies.
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Court
:
- 11 U.S.C.
In re Hobart
May
20
2011
Ruling
Plan confirmation denied due to insufficient payments on cross-collateralized motor vehicle loan.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A credit union filed a claim against the debtors' bankruptcy estate and an objection to the debtors' plan. The debtors filed an objection to the credit union's claim.
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Court
:
- 11 U.S.C.
In re Bauer
Mar
25
2011
Ruling
Confirmation denied where debtor reconveyed property that parents had conveyed to debtor without debtor's knowledge.
Procedural posture
A bankruptcy trustee moved to deny confirmation of Chapter 13 bankruptcy debtors' plan because one debtor's transfer of a partial interest in real property to a parent was a fraudulent transfer, and the debtors' plan did not provide for payment of the value of the one debtor's interest to unsecured creditors as required by 11 U.S.C.S. § 1325(a)(4).
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Court
:
- 11 U.S.C.
In re Rankin
Jan
21
2011
Ruling
Plan confirmed over creditor's objection where distribution to unsecured creditors far exceeded assets after deduction of tax claim.
Procedural posture
Before the court was confirmation of chapter 13 debtor's plan. A creditor objected to confirmation.
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Court
:
- 11 U.S.C.
In re Jozil
Oct
01
2010
Ruling
Confirmation granted over trustee's objection as meeting best interests of creditors test
Procedural posture
Before the court for confirmation consideration was debtors' Chapter 13 Plan and the Chapter 13 Trustee's Objection to Confirmation.
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Court
:
- 11 U.S.C.
In re Evans
Jul
28
2010
Ruling
Till rate if interest was appropriate for debtors to unsecured creditors in chapter 13 plan.
Procedural posture
A hearing was held regarding confirmation of a debtor's proposed chapter 13 plan of reorganization. The debtor proposed to pay his unsecured creditors 100 percent of their allowed claims in monthly payments spread over a period of 36 consecutive months. The unresolved issue was the interest rate that had to be provided for the unsecured creditors in order for the plan to comply with the best-interest-of-creditors test in 11 U.S.C.S. § 1325(a)(4).
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Court
: