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Lyle DeBrunner, Ch. 13, BK82-129 (July 28, 1982)

Reported at 22 B.R. 36. The court granted a motion to dismiss the bankruptcy case filed by a creditor who challenged the debtor’s eligibility for Chapter 13 based on the amount of debt. The debtor argued that the amount of his debt to the creditor was in dispute and should be excluded from the computation of the total unsecured debt in determining eligibility. The court agreed with the creditor’s interpretation of § 109(e) and concluded that only contingent or unliquidated claims are to be excluded from the claims to be considered in determining eligibility for Chapter 13 and disputed claims are not excluded if they are noncontingent and liquidated, as here.

Date: 
Wednesday, July 28, 1982
Judge: 
Judge Timothy J. Mahoney (Retired)