§ 1322(a)

Bingham, In re

Ruling: 
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-023

In re Luetkenhaus

Ruling: 
Confirmation denied due to failure to provide for payment of nondischargeable fees incurredby debtor’s former spouse in child support proceeding. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 23,2016, LexisNexis #1016-030

In re Eckerstorfer

Ruling: 
Confirmation denied due to failure to properly provide for claim of debtor's former spouse for maintenance arrears.
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Consumer case opionion summary, case decided on March 25,2014, LexisNexis #0414-134

In re Ashby

Chapter 13 debtor filed a motion for confirmation of his first amended plan of reorganization. Respondent creditor, the debtor's ex-spouse, objected to confirmation of the plan and filed a motion to dismiss the case. The court held a hearing and issued its findings of fact and conclusions of law.
Ruling: 
Confirmation denied due to failure to provide for payment of priority domestic support obligation claim.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-102

In re Ashby

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to the debtor's plan and asked the court for relief under 11 U.S.C.S. § 362 so she could enforce a property settlement agreement ("PSA") she entered with the debtor when they were divorced in 2009. The court held a hearing on the ex- wife's objection and request for relief.
Ruling: 
Plan could not be confirmed due to failure to pay consulting fee owed to former spouse.
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Consumer case opionion summary, case decided on January 23,2013, LexisNexis #0213-058

Michigan v. Wilson (In re Wilson)

Appellant State challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which overruled the State's objections to the confirmation of appellee debtors' chapter 13 plan and confirmed the plan.
Ruling: 
Plan properly confirmed over objection of state where debtor filed proof of claim for prepetition taxes.
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Consumer case opionion summary, case decided on February 10,2012, LexisNexis #0312-027

Burnett v. Burnett (In re Burnett)

Appellant ex-husband appealed an order of the United States Bankruptcy Appellate Panel for the Eighth Circuit that reversed a judgment of the bankruptcy court that had held that a family court's income-withholding order in favor of appellee ex-wife had contravened a confirmed Chapter 13 bankruptcy plan in that it exceeded the $300-per-month repayment schedule that the plan provided for.
Ruling: 
Confirmed plan had res judicata effect on family court support orders despite violating §1327(a).
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Consumer case opionion summary, case decided on July 20,2011, LexisNexis #0811-069

In re Nelson

In a debtor's chapter 13 case, a creditor objected to confirmation of the chapter 13 plan on the grounds that it failed to provide for full payment of an alleged domestic support obligation (DSO) as required by 11 U.S.C.S. § 1322(a)(2).
Ruling: 
Debtor's obligation to assume mortgage and hold former spouse harmless was not a domestic support order and not entitled to priority treatment.
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Consumer case opionion summary, case decided on April 22,2011, LexisNexis #0511-101

Giesbrecht v. Fitzgerald (In re Giesbrecht)

Debtors sought review of orders from the bankruptcy court for the Western District of Washington, which entered judgment in favor of appellee trustee and denied confirmation of the debtors' plan because it proposed direct payments of a car loan to a creditor instead of through the plan and which confirmed the debtors' amended plan, which proposed to pay the car loan through the plan.
Ruling: 
Case remanded to allow confirmation of debtor's original plan proposing direct payments of car loan to creditor.
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Consumer case opionion summary, case decided on April 28,2010, LexisNexis #0710-095

In re Diaz

The chapter 13 debtors filed an objection to a creditor's claim for attorney's fees for protection of its security. The debtors objected to paying any attorney's fees because their mortgage loan was current on the petition date and was being paid outside the plan.
Ruling: 
Creditor not entitled to attorneys' fees for protection of security interest where no protection was required.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-130

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