- 11 U.S.C.
In re Paliev
Aug
17
2012
Ruling
Confirmation denied due to failure to meet disposable income test.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtor's amended chapter 13 plan on the grounds of lack of good faith under 11 U.S.C.S. § 1325(a)(3) and failure to meet the disposable income test under § 1325(b)(1)(B). The trustee also moved to dismiss the bankruptcy case on the grounds of lack of good faith and unreasonable delay that was prejudicial to creditors pursuant to 11 U.S.C.S. § 1307(c)(1).
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Court
:
- 11 U.S.C.
In re Alexander
Aug
01
2012
Ruling
Confirmation denied due to improper vehicle ownership expense and lack of good faith.
Procedural posture
Within days before filing their bankruptcy petition, bankruptcy debtors obtained a relatively small loan secured by the debtors' vehicle, and the debtors claimed a vehicle expense deduction based on the loan which reduced their disposable income to zero. The bankruptcy trustee moved to deny confirmation of the debtors' plan which proposed to pay nothing to unsecured creditors.
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Court
:
- 11 U.S.C.
In re Murchek
Jul
17
2012
Ruling
Plan confirmation denied due to failure to include future tax refunds as projected disposable income.
Procedural posture
Chapter 13 trustee objected to debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Reedy
Jun
26
2012
Ruling
Confirmation denied due to excessive transportation deduction, resulting in payment of less than all projected disposable income to unsecured creditors.
Procedural posture
This matter came before the court for a telephonic hearing on confirmation of debtor's chapter 13 plan and the standing chapter 13 trustee's objection.
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Court
:
- 11 U.S.C.
In re Konowicz
May
17
2012
Ruling
Confirmation denied due to excessive living expenses and insufficient distribution to general unsecured creditors.
Procedural posture
This matter came before the court on a confirmation hearing filed by debtor with respect to debtor's proposed chapter 13 Plan. A creditor filed an Objection to Confirmation.
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Court
:
- 11 U.S.C.
In re Hernandez
Mar
23
2012
Ruling
Plan commitment period is to be established based on facts existing on the date of confirmation.
Procedural posture
The chapter 13 trustee objected to confirmation of an amended plan proposed by a chapter 13 debtor, challenging both the date on which debtor proposed to determine the applicable commitment period and the extent to which post-petition and pre-confirmation changes in household size affected that calculation. At issue was the import, on these issues, of 11 U.S.C.S. § 1325.
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Court
:
- 11 U.S.C.
In re Pracht
Jan
10
2012
Ruling
Plan proposing to pay separately classified unsecured student loan creditor more than general unsecured creditors did not unfairly discriminate.
Procedural posture
Debtor's chapter 13 plan was before the court for consideration of confirmation. The chapter 13 trustee objected to confirmation.
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Court
:
- 11 U.S.C.
In re Grier
Sep
15
2011
Ruling
Trustee's objection to confirmation based on debtor's failure to execute acknowledgement for turnover of possible future tax refunds overruled.
Procedural posture
Bankruptcy debtors proposed plans of reorganization but did not execute acknowledgments required by the bankruptcy court that tax refunds, economic stimulus tax rebates, employment bonuses, or any other payments received during the term of the plan would be turned over to the bankruptcy trustee as potential disposable income. The trustee objected to confirmation of the debtors' plans.
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Court
:
- 11 U.S.C.
In re Dittrich
Aug
08
2011
Ruling
Confirmation denied as debtor was not entitled as a matter of right to motor vehicle expense deduction based on IRS standards.
Procedural posture
A bankruptcy debtor proposed a plan which provided for payment to unsecured creditors from disposable income which the debtor calculated by including an additional expense deduction based on the age and mileage of the debtor's unencumbered vehicle. The bankruptcy trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Duarte
Jul
12
2011
Ruling
Married debtors ordered to include tax refunds in projected disposable income calculation pursuant to separate filings rule.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy plan. The trustee filed an objection to confirmation of a plan the debtor proposed, claiming that the plan could not be confirmed under 11 U.S.C.S. § 1325(b)(1) because it did not require the debtor to contribute all his disposable income to the plan.
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Court
: