Legal Opinion
In Re Gibson
United States Bankruptcy Court, D. Arizona
Decided October 6, 2009No. 0:05-bk-01810-RJHPublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER
RANDOLPH J. HAINES, Bankruptcy Judge.
After failing to satisfy their payment obligations of a confirmed Chapter 13 plan, Debtors now seek to modify the Plan and have their non-exempt property revalued for the purpose of satisfying § 1325(a)(4), 1 colloquially known as the “Chapter 7 reconciliation” or the “best interests test,” which Code § 1329(b) requires to be satisfied by any modified plan. The Court must decide 1) whether the “effective date of the plan” as referenced in the best interest test of § 1325(a)(4) refers to the date of petition or of confirmation, and 2) when…
2Cases cited8 opinions
- Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
- Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
- Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
- Hoopai v. HoopaiCourt of Appeals for the Ninth Circuit · 2009
- Hollytex Carpet Mills v. John v. Tedford and Viola J. TedfordCourt of Appeals for the Eighth Circuit · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re SoppickUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
- In re RobertsUnited States Bankruptcy Court, E.D. New York · 2014
- In re GoudreauUnited States Bankruptcy Court, D. Kansas · 2015
- In re VillegasUnited States Bankruptcy Court, W.D. Washington · 2017
- Breanna Dee MadridUnited States Bankruptcy Court, W.D. Washington · 2023
6 more not listed; retrieve them via the Exa API.