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Lori Ann Stewart, Ch. 13, BK12-81390-TJM (Oct. 28, 2013)

The court overruled a creditor’s objections to confirmation of a Chapter 13 plan after a trial concerning the existence and valuation of assets. The court found no bad faith under the totality of the circumstances, as the debtor had not intentionally failed to disclose assets and had not intentionally undervalued them. The court also found the debtor was not a head of household and could not claim a homestead exemption, nor did she use her vehicle  for work other than commuting to and from her job, so she was not able to claim a tool-of-the-trade exemption in it. The court overruled the creditor’s argument that the debtor was obligated to honor a contractual duty with a lienholder on her vehicle to have damage repaired in order to maintain its value; the court said the movant, as a third-party beneficiary, was not entitled to the benefit of that agreement.

Monday, October 28, 2013