Published at 379 B.R. 903. Post-BAPCPA, a Chapter 13 debtor does not fail the 1325(a)(3) good-faith test simply by having the ability to pay more than the means test result. There must be something else to trigger a lack of good faith in proposing a plan.
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Opinions
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Because both parties to a motion for relief submitted evidence consisting of estimates and speculation as to the collateral's condition and depreciation, the court split the difference in determining the appropriate adequate protection payment.
Despite some confusion in the trustee's records about the duration of debtor's plan, the court found the debtor had in fact paid all of the amounts due under the plan, in the specified time. She did not need to make additional payments for attorney fees.
Published at 379 B.R. 899. Debtors may treat taxes from post-petition sale of farm assets as unsecured, non-priority claims under § 1222(a)(2)(A). The statute plainly refers to taxes arising post-petition, & the intent is to help farmers reorganize.
Reported at 379 B.R. 899. Debtors may treat taxes from post-petition sale of farm assets as unsecured, non-priority claims under § 1222(a)(2)(A). The statute plainly refers to taxes arising post-petition, & the intent is to help farmers reorganize.
The court allowed the debtor to assume an executory contract with a charge-card program used by debtor's employees because it was necessary for reorganization, and to use post-petition financing to cure the outstanding pre-petition card balance.
A financing arrangement in which the creditor got a super-priority administrative claim was approved. The court said the risk to other admin. claimants was minimized by the creditor's ability to collect receivables so the debtor could reorganize.
The court approved payment of a contingent fee for trustee's special litigation counsel. The case was complex and counsel was successful in obtaining a judgment of benefit to the estate. The objectors were the cause of the problem in the first place.
The Chapter 13 debtor's criminal conviction for theft by deception for converting funds of her employer contained the same elements as a finding of non-dischargeability under section 523(a)(4) for embezzlement, so the debt is excepted from discharge
Only a portion of the requested supplemental compensation was allowed. Local rules prohibit direct payment of fees and, as a matter of policy, debtors should not be required to pay additional attorney fees after obtaining a Chapter 13 discharge.