Critical Case Comment – Shafer v. Heartsprings, Inc., 415 B.R. 705 (W.D. Wis. August 24, 2009) (Crabb)

-

Link to Post:

Shafer v. Heartsprings, Inc., 415 B.R. 705 (W.D. Wis. August 24, 2009) (Crabb)

Where Chapter 13 debtors propose a plan which seeks to minimize the payments they would make, reflecting an effort to extinguish debt, the plan is not proposed in good faith, even though the debtors were paying all of their calculated monthly disposable income.

Summary of the Case

The debtors filed their third Chapter 13 petition after voluntarily dismissing their first case and . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions Part IV

March 24, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV: What's an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question Click here for Part I Click here for Part II
View Article
Members
Academy-emeritus-Logo-gold3

Holiday Memories

December 22, 2024
We thought it would be enjoyable during this time of year to share some memories of the Holiday Season.
View Article
Members

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

April 4, 2021
The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...
View Article
Copy of Hildebrand-2016

Critical Case Comment – How Much Is It Worth – Then/Now?

January 22, 2023
On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....
View Article
Members
moran_cathy

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

December 19, 2021
Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...
View Article
Members
norton

Thoughts on Zealous Advocacy Part 2

July 19, 2026
Last week we published the first Part of Judge Norton’s article on Zealous Advocacy. Part I discussed the History of Zealous Advocacy, and Part II examines how courts have discussed zealous advocacy. Part III next week will look at Practical Takeaways from the article. In the following week, we will post Judge Norton’s extensive Addendum of reported cases on Zealous Advocacy.
View Article
Members

From the Editor – Claims

October 20, 2019
By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...
View Article
Members

Critical Case Comment

June 13, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...
View Article
Members
mccartney

Meet a Newish Trustee

June 18, 2023
By Regina Logsdon, Academy Executive Director Erin M. McCartney was appointed as the Chapter 13 Standing Trustee for the District of Nebraska beginning on January 1, 2022.  Erin stepped into metaphorically very large and capable shoes as she replaced retiring Kathleen Laughlin.  Erin grew up in Illinois, graduating college from Bradley University in Peoria (Go Braves!).  Law school required a...
View Article
Members
lutz

Sixth Circuit Selects Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky

April 28, 2024
The Circuit Executive for the Sixth Circuit announces that the U.S. Court of Appeals for the Sixth Circuit has selected Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky to fill the vacancy created by the retirement of Bankruptcy Judge Tracey N. Wise. He took the oath of office on April 19, 2024.
View Article

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government