- 11 U.S.C.
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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Court
:
- 11 U.S.C.
In re Gelhaar
Jun
17
2016
Ruling
Plan’s commitment to distributing stock sale proceeds was in compliance with § 1325(a)(4).
Issue(s)
Should confirmation be denied unless the bankruptcy court decides the stock's value on a plan's effective date, and the plan commits the debtors to pay that amount into the plan, regardless of the stock's eventual sale price?
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Court
:
- 11 U.S.C.
In re Thornton
May
23
2016
Ruling
Confirmation of plan including cramdown of secured claim denied due to undervaluation of mobile home and insufficient payments to secured creditor.
Issue(s)
Could claim secured by debtor's manufactured home be crammed down in debtor's plan?
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Court
:
- 11 U.S.C.
In re Govan
May
18
2016
Ruling
Confirmation denied due to undervaluation of mobile home for which proper valuation was replacement value on petition date.
Issue(s)
Was valuation of debtor's motor home proper so as to support confirmation of debtor's chapter 13 plan?
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Court
:
In re Dugan
May
03
2016
Ruling
Chapter 13 plan proposing to pay only the debtor's attorney's fee and the trustee's commission confirmed over trustee's objection.
Issue(s)
Whether the Bankruptcy Code permits debtors to file under chapter 13 and propose confirmation of a plan that pays only the filing fee, the debtors' attorney's fees, and the trustee's commission?
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Court
:
In re Doucet
May
03
2016
Ruling
Chapter 13 plan providing for payment of only the filing fee, the fees of the debtor's attorney, and the trustee's commission was proposed in good faith.
Issue(s)
Whether debtor's chapter 13 plan proposing to pay only the filing fee, the debtor's attorney's fees, and the trustee's commission was proposed in good faith and could be confirmed?
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Court
:
In re Dunson
May
03
2016
Ruling
Plan providing for payment of only the filing fee, the fees of the debtor's attorney, and the trustee's commission was proposed in good faith given debtor's dire financial circumstances.
Issue(s)
Could the bankruptcy court confirm the chapter 13 plan of a below-median debtor with two children, which proposed to pay only the filing fee, the debtor's attorney's fees, and the trustee's commission?
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Court
:
In re Cole
Mar
24
2016
Ruling
Confirmation denied on objections of trustee and debtor's former spouse as creditors would not recover as much as in a hypothetical chapter 7 case.
Issue(s)
Should confirmation be denied because the plan fails to provide for payment in full of all domestic support obligations, was not filed in good faith, fails to satisfy the liquidation test required under § 1325(a)(4) and fails to include all of the debtor's projected disposable income for the applicable period, as required under § 1325(b)(1)(B)?
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Court
:
- 11 U.S.C.
Henderson v. Wade (In re Wade)
Mar
04
2016
Ruling
Confirmation denied due to lack of good faith. (Bankr. N.D. Ga.)
Issue(s)
Should amended chapter 13 plan be confirmed over objections?
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Court
:
- 11 U.S.C.
In re Tosi
Mar
04
2016
Ruling
Confirmation denied due to plan's failure to properly provide for surrender of property.
Issue(s)
Whether debtor's chapter 13 plan was fairly characterized as one that surrendered the property securing the claim to the creditor.
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Court
: