Matter of Johnson

MEMORANDUM OPINION

RICHARD N. DeGUNTHER, Bankruptcy Judge.

This case presents a challenge to some of the generalities that have been developing in regard to the concept of “good faith” in Chapter 13 cases. With rare exceptions, bankruptcy judges have been refusing to confirm 1% plans for one reason or another:

“Several bankruptcy judges who have considered Chapter 13 plans being proposed at the 1% or nominal level have concluded that such plans were not contemplated by Congress when it enacted the Code.” (Bankruptcy Judge Pyle in the Anderson case.)

“A study of the legislative history reveals…