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§ 1325(a)

In re Brown

Ruling
Confirmation denied with leave to amend due to improper treatment of vehicle expense and lack of evidence to support inclusion of stepfather as member of household.

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Consumer opinion summary, case decided on March 04, 2016 , LexisNexis #0316-134

In re Banks

Ruling
Chapter 13 plan confirmed as filing under chapter 13 rather than chapter 7 in order to obtain discharge of parking ticket debt was not bad faith.
Issue(s)
Could debtor's plan be confirmed where debtor filed under chapter 13, instead of chapter 7, to take advantage of more favorable treatment of debt owed for delinquent parking tickets?

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Consumer opinion summary, case decided on February 08, 2016 , LexisNexis #0316-031

In re Brownlee

Ruling
Confirmation denied due to failure of plan to make provisions for secured IRS claim.
Issue(s)
Could plan proposing to treat all secured tax debt outside of the plan with no funds to be paid by the trustee toward the secured portion of a secured IRS Claim be confirmed?

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Consumer opinion summary, case decided on January 20, 2016 , LexisNexis #0216-101

In re Porter-Dennis

Ruling
Objection to confirmation sustained due to debtor's fraud in pawn transaction involving motor vehicle.
Issue(s)
Should confirmation be denied pursuant to creditor's objection to modification of its rights under two pawn contracts on the grounds that the plan was not proposed in good faith?

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Consumer opinion summary, case decided on December 17, 2015 , LexisNexis #0116-067

In re DAgnese

Ruling
Confirmation denied for bad faith for failure of plan to include payments to former spouse on outstanding obligations under marriage dissolution judgment.
Issue(s)
Could chapter 13 plan the proposed to pay little or none of debt owed to debtor's former spouse pursuant to judgment of dissolution be confirmed?

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Consumer opinion summary, case decided on December 15, 2015 , LexisNexis #0116-130

In re Stevens

Ruling
Confirmation vacated due to improper treatment of student loan debt and lack of proper notice to lender.
Issue(s)
Should chapter 13 case be dismissed postconfirmation due to plan provision stating that the debtor's student loans are "deemed current" during the plan and after the plan's completion?

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Consumer opinion summary, case decided on December 14, 2015 , LexisNexis #0116-131

In re Williams

Ruling
Debtor could not amend confirmed plan to vest title in secured creditor.
Issue(s)
Could debtor amend confirmed chapter 13 plan to provide for the vesting of his former homestead in the holder of a first mortgage lien on the property?

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Consumer opinion summary, case decided on December 02, 2015 , LexisNexis #1215-134

In re Romero

Ruling
Confirmation denied due to violation of the equal monthly payments requirement.
Issue(s)
Could debtor's chapter 13 plan propose to pay post-confirmation adequate protection payments to creditor bank until the debtors' attorneys' fees are paid in full and then begin higher payments until the bank's claim is paid in full?

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Consumer opinion summary, case decided on October 09, 2015 , LexisNexis #1115-030

In re Higley

Ruling
Plan could not be confirmed until debtor demonstrated surrender of missing trailer or that creditor would be paid in full.
Issue(s)
Whether chapter 13 plan could be confirmed where a trailer securing a debt was missing and the debt was treated as unsecured in the plan?

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Consumer opinion summary, case decided on October 09, 2015 , LexisNexis #1115-029

In re Enders

Ruling
Confirmation denied where plan failed to provide for payment to secured creditor in equal monthly installments.

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Consumer opinion summary, case decided on September 30, 2015 , LexisNexis #1115-031