In re Shepard

Pre 2005-Act: 
Pre 2005-Act
Debtor husband was ineligible for chapter 13 relief because the debtor husband's unsecured claims exceeded the statutory limit.
Procedural posture: 
Bankruptcy debtors, husband and wife, filed a joint chapter 13 bankruptcy petition, but the debtors did not identify as an asset a condominium that was co-owned by the husband and a daughter. A lender which financed the purchase of the condominium filed a proof of a secured mortgage claim, and the trustee moved to dismiss the debtors petition based on debt limits under 11 U.S.C. § 109(e).
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