§ 1325

Tedesco, In re

Ruling: 
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-044

Stuteville, In re

Ruling: 
Motion to dismiss debtor's Second Amended Plan of Reorganization was denied where debtorhad shown that he had been and would be able to make all payments under the plan. (Bankr.D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on October 29,2020, LexisNexis #1220-072

Cruz, In re

Ruling: 
Chapter 13 plan did not meet the best interest of creditors test as debtors had not shown thatthe plan distributed property a claim that was not less than creditors would receive if thehome were sold in a Chapter 7 liquidation. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 12,2020, LexisNexis #1220-020

Matthews, In re

Ruling: 
Court determined that the Till interest rate was the appropriate rate to satisfy the valuationrequirement when an above median debtor opts to pay his unsecured claims in full over timewithout devoting all of his disposable income to his Chapter 13 plan. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-049

Guthery, In re

Ruling: 
Debtor could deduct the expense on her health insurance application when calculating herdisposable income because health insurance expense was "known or virtually certain" to beexpended. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 09,2020, LexisNexis #1020-071

White, In re

Ruling: 
Confirmation denied where debtor’s plan was not proposed in good faith. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 28,2020, LexisNexis #1020-044

Diaz, In re--Diaz v. Viegelahn

Ruling: 
Court held the provision in Chapter 13 bankruptcy plan requiring debtors to turn over taxrefund amount in excess of $2,000 as invalid because it abridged debtors' substantive rights.(5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 26,2020, LexisNexis #1020-020

Hefty, In re

Ruling: 
Trustee's objection to confirmation of debtor's plan was sustained as debtor's plan did notcommit to pay the claims of unsecured creditors. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-047

Valdivia, In re--Hauk v. Valdivia

Ruling: 
Plan could not be confirmed due to failure to treat domestic support obligation as a priority claim. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 16,2020, LexisNexis #0820-097

Walker, In re

Ruling: 
Confirmation of Chapter 13 plan filed by frequent debtor denied due to repetition conductincluding concealment and misrepresentation. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 02,2020, LexisNexis #0520-069

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