Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith. (Frank) In re Ames, 2022 WL 2195469 (Bankr. E.D. Pa. June 17, 2022) Case Summary In April of 2018, after 10 years of marriage, Guy Ames initiated a divorce complaint...
From the Editor – Confirmation
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Plan did not properly address 910 creditor’s liens. Finding that the plan did not satisfy one of the three options for addressing a secured claim under § 1325(a)(5), specifically failing to provide for the 910 creditor’s retention of lien, the Panel observed that in response to the creditor’s objection to confirmation, the debtors could have amended the plan to include a nonstandard provision addressing lien retention. Such a nonstandard provision would have allowed the plan to conform to § 1325(a)(5), and that nonstandard provision . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
What the FICO? Reaffirming Doesn’t Help My Credit Score?
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure
Here’s How a Name Change Affects a Tax Return
The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages
Chapter 13 Trustee Duties, Powers, And Limitations – Part 2
Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA
Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2
In Re Carter: A Hard Case (Maybe) Making Bad Law?