From the Editor – Confirmation

By The Honorable William Houston Brown (Retired)

United States Trustee’s objections to confirmation overruled. In a thorough examination of ten cases in which the United States Trustee objected to confirmation, the primary issue was whether debtors exercised good faith in choosing to file Chapter 13 rather than Chapter 7, when the plans would primarily pay filing fees and debtors’ attorney fees. The United States Trustee urged the court to adopt a “high threshold” for such debtors, and that they should not be able to choose Chapter 13 “unless they can show ‘special circumstances’ justifying the . . .

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