- 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
:
- 11 U.S.C.
In re Anderson
Jun
03
2010
Ruling
Objection to confirmation based on debtor's failure to schedule and pursue malpractice claim overruled.
Procedural posture
A creditor with a construction lien and judgment against the debtors objected to confirmation of their amended chapter 13 plan on the grounds that their failure to schedule and pursue a malpractice claim against their former attorney violated the best interest of creditors test of 11 U.S.C.S. § 1325(a)(4) and demonstrated the debtors' lack of good faith.
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Court
:
- 11 U.S.C.
In re LaLonde
May
07
2010
Ruling
Confirmation of plan in converted case denied due to insufficient payments to creditors.
Procedural posture
Debtor filed a chapter 7 petition, and when faced with the trustee's action to pursue preference recovery from her daughter and son-in-law, converted to chapter 13. The chapter 13 and chapter 7 trustees each objected to confirmation of the plan she proposed, and the chapter 7 trustee objected to certain claimed exemptions.
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Court
:
- 11 U.S.C.
In re Lucio
Feb
08
2010
Ruling
Confirmation denied where plan did not meet the best interests of creditors test.
Procedural posture
Debtors filed a petition under chapter 13 and a plan for repaying their creditors. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to the debtors' plan, claiming that it did not meet the best interest of creditors test required by 11 U.S.C.S. § 1325(a)(4).
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Court
:
- 11 U.S.C.
In re Gibson
Oct
06
2009
Ruling
Plan modification denied for not providing for distribution equal to value of nonexempt property on original confirmation date.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The court confirmed the debtors' plan on July 24, 2005, and in 2009, the debtors filed a modified plan. A chapter 13 trustee who was appointed to administer the debtor's bankruptcy estate filed a motion to dismiss the case, claiming that the debtors failed to comply with the terms of the confirmed plan.
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Court
:
- 11 U.S.C.
In re Marcus
Feb
04
2009
Ruling
Trustee's objection to plan on basis of improper homestead exemption overruled where debtor was in compliance with state statute.
Procedural posture
The debtor filed a chapter 13 petition and plan. The plan did not propose any payments to unsecured creditors. The chapter 13 trustee objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
In re Rascento
Sep
22
2008
Ruling
Case dismissed due to failure of chapter 13 plan to provide for better recovery than in chapter 7 and debtor's failure to appear.
Procedural posture
The chapter 13 debtor objected to a claim filed by the bank that held the mortgage on his residence, contending that the bank could not prove that it was the true owner of the note and that the note had been paid in full. The bank moved for relief from the automatic stay. The bankruptcy trustee moved to dismiss the bankruptcy, asserting that the debtor's plan did not comply with 11 U.S.C.S. §§ 1322 and 1325.
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Court
:
- 11 U.S.C.
In re Shepard
Aug
25
2008
Ruling
Debtors' exemption in tax refund limited to originally projected amount, not later undisclosed excess.
Procedural posture
A chapter 7 trustee filed an objection to debtors' exemptions and amended exemptions pursuant to Fed. R. Bankr. P. 4003(b), alleging that the debtors knowingly made a false representation as to the amount of their income tax refunds. He sought an order requiring the debtors to turn over the amount of undisclosed tax refunds.
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Court
:
- 11 U.S.C.
In re Baillargeon
Jun
13
2008
Ruling
Plan did not meet "best interests of creditors" test due to omission of value of debtor's interest in house.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtors' plan.
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Court
:
- 11 U.S.C.
In re Foehrkalb
Nov
13
2007
Ruling
Debtors'maintenance of three cars necessary to household did not violate best interests of creditors test.
Procedural posture
The chapter 13 trustee filed an objection to the debtors' proposed plan stating that the plan did not meet the "best interests" test of 11 U.S.C. § 1325(a)(4). The main focus of the trustee's objection was the debtors'proposed retention of a vehicle.
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Court
: