In Re Solomon
United States Bankruptcy Court, D. Maryland
1Opinion of the Court
MEMORANDUM OPINION ON IMPACT OF PENSION EXEMPTION CLAIMS ON CHAPTER 13 PLAN, AMENDED UPON RECONSIDERATION
E. STEPHEN DERBY, Bankruptcy Judge.
1. Issues Presented.
The opposition to Debtor’s Chapter 13 plan has raised several issues that will be resolved at this time based upon material facts that are not in dispute. First, is Debtor eligible to be a debtor under Chapter 13? Second, has Debtor overfunded his otherwise exempt pension plans, so that the overfunded portions should be included in determining whether Debtor’s plan satisfies the best interests of unsecured creditors test under 11…
2Cases cited12 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
- Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
- William Neufeld, Creditor v. Susan K. Freeman, Debtor, and Emily Y. Wilson, TrusteeCourt of Appeals for the Fourth Circuit · 1986
- Warren v. Taff (In Re Taff)United States Bankruptcy Court, D. Connecticut · 1981
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- In Re HurstUnited States Bankruptcy Court, D. Maryland · 1999
- Hyun Suk Cho v. Seung Chan Park (In re Seung Chan Park)United States Bankruptcy Court, D. Maryland · 2012
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