By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Despite a split in authority, funds held by a Chapter 13 Trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor. In re Doll, 17-20831-MER (Bankr. D.Colo. Feb. 19,...
Critical Case Comment – Shafer v. Heartsprings, Inc., 415 B.R. 705 (W.D. Wis. August 24, 2009) (Crabb)
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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 . . .
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