- 11 U.S.C.
In re Simms
Jun
30
2011
Ruling
Confirmation denied where debtor did not take marital adjustment and did not include all of non-debtor spouse's income in disposable income calculation.
Procedural posture
Before the court was debtor's Amended Chapter 13 plan and the objection to confirmation thereto by the Chapter 13 Trustee. The court held a confirmation hearing on November 9, 2010, at which the parties presented arguments and the court took the matter under advisement.
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Court
:
- 11 U.S.C.
In re Parks
Jun
22
2011
Ruling
Voluntary contributions to 401(k) plan constituted disposable income.
Procedural posture
A chapter 13 trustee objected to the confirmation of debtors' plan on the ground that the plan failed to meet the disposable income requirement of 11 U.S.C.S. § 1325(b)(1).
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Court
:
- 11 U.S.C.
In re Johnson
May
03
2011
Ruling
Objection to above-median debtor's plan overruled due to 100 percent return to unsecured creditors and absence of bad faith.
Procedural posture
This matter came before the court on the chapter 13 trustee's objection to confirmation of debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Eaton
Apr
05
2011
Ruling
Above-median debtors' 47-month plan rejected as 60-month period was required.
Procedural posture
Debtors filed a joint petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors that required them to make payments of $500 per month to the Chapter 13 trustee for 47 months and paid their unsecured creditors one percent of what they were owed. The Chapter 13 trustee filed an objection under 11 U.S.C.S. § 1325(b)(1)(B) to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
In re Moffet
Mar
31
2011
Ruling
Confirmation denied due to reliance on speculative source for 100 percent dividend to creditors.
Procedural posture
This matter came before the court on the Chapter 13 Trustee's objection to confirmation of debtor's Chapter 13 Plan.
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Court
:
- 11 U.S.C.
In re Bronson
Mar
10
2011
Ruling
Confirmation denied due to failure to pay all of debtor's projected disposable income as calculated using debtor's current gross income.
Procedural posture
Chapter 13 trustee sought denial of confirmation of a chapter 13 plan proposed by debtors, a married couple and above-median income debtors. At issue was whether the plan accurately reflected the husband's current income and whether it provided, per 11 U.S.C.S. § 1325(b)(1)(B), for payment of all of debtors' projected disposable income (PDI) to unsecured creditors. The trustee also challenged debtors' good faith per § 1325(a)(3).
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Court
:
- 11 U.S.C.
In re Thiel
Mar
01
2011
Ruling
Confirmation denied due to failure to pay secured creditors all of projected disposable income.
Procedural posture
A standing chapter 13 trustee objected to confirmation of the above-median income debtors' plan pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Hilgendorf
Feb
02
2011
Ruling
Confirmation denied due to improper treatment of withholding taxes in calculation of projected disposable income.
Procedural posture
Debtors proposed a chapter 13 plan which provided for the use of the debtors' future income tax refunds to pay secured and administrative creditors and shorten the term of the debtors' plan rather than paying unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
In re May
Nov
12
2010
Ruling
Debtors could not deduct mortgage payments on stripped lien in projected disposable income calculation.
Procedural posture
A trustee objected to confirmation of the chapter 13 debtors' plan pursuant to 11 U.S.C.S. § 1325(b)(1)(B) on the basis that it did not dedicate all of the debtors' disposable income to unsecured creditors. The trustee contended that the debtors could not deduct the mortgage payments on a stripped lien to arrive at their projected disposable income.
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Court
:
- 11 U.S.C.
In re Waechter
Oct
22
2010
Ruling
Plan in which debtor proposed to pay disproportionate share of household expenses relative to non-debtor spouse could not be confirmed.
Procedural posture
The standing chapter 13 trustee filed objections to confirmation of the debtor's amended Chapter 13 plan, arguing that the plan failed to provide for the unsecured creditors to receive the debtor's entire projected disposable income, and that the plan is not proposed in good faith.
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Court
: