Legal Opinion
In Re Esquivel
United States Bankruptcy Court, E.D. Michigan
Decided September 23, 1999No. 19-04064PublishedCited by 20 opinions
1Opinion of the Court
OPINION REGARDING CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN
ARTHUR J. SPECTOR, Chief Judge.
The Trustee objects to confirmation of Debtor’s chapter 13 plan, which characterizes funds borrowed from Debtor’s pension account as secured debt and excludes pension-account loan repayments from Debt- or’s disposable income, 1 while paying 8% of unsecured creditors’ claims, on the grounds that it contravenes 11 U.S.C. § 1325(b) 2 and the “spirit of relief’ of the Bankruptcy Code. The Court concludes that Debtor’s plan is not confirmable because (1) the proposed pension-account loan repayments violate 11…
2Cases cited18 opinions
- In Re Dennis & Gail Ann Villarie, Debtors. New York City Employees' Retirement System v. Dennis VillarieCourt of Appeals for the Second Circuit · 1981
- In Re CavanaughUnited States Bankruptcy Court, D. Idaho · 1994
- In Re GonzalesUnited States Bankruptcy Court, E.D. Michigan · 1993
- In Re ScottUnited States Bankruptcy Court, E.D. Virginia · 1992
- In Re JonesUnited States Bankruptcy Court, S.D. Ohio · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Egebjerg v. AndersonCourt of Appeals for the Ninth Circuit · 2009
- Eisen v. ThompsonDistrict Court, N.D. Ohio · 2007
- In Re MillsUnited States Bankruptcy Court, S.D. California · 2000
- In re: Christopher Dean Ng and Sheila Marie NgUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Barry L. Taub v. Mark H. Weber, Acting United States Trustee for Region 18 Ilene J. Lashinsky, United States Trustee for Region 18Court of Appeals for the Ninth Circuit · 2004
15 more not listed; retrieve them via the Exa API.