Legal Opinion

In re Scott

United States Bankruptcy Court, M.D. Georgia

Decided January 11, 2013No. Nos. 12-51625-JPS, 12-51638-JPSPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES P. SMITH, Bankruptcy Judge.

Before the Court are two Chapter 13 cases where the Trustee objects to confirmation because the debtors are not committing certain social security benefits to their Chapter 13 plans. Hearings on confirmation and the Trustee’s objections were held on October 9, 2012. Since both cases present similar issues, the Court will publish one opinion addressing the issues presented. The Court, having considered the record, the arguments and the briefs of counsel, and the applicable law, now publishes this memorandum opinion.

BACKGROUND

Upon filing a…

2Cases cited22 opinions

  1. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
  2. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  3. In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
  4. In Re Albert H. Caldwell, Debtor. James E. Hardin, James C. Hardin, and Ralph Majors, Cross-Appellants v. Albert H. Caldwell, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1990
  5. In Re EdmundsUnited States Bankruptcy Court, D. South Carolina · 2005

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3Cited by6 opinions

  1. In re OgdenUnited States Bankruptcy Court, N.D. Georgia · 2017
  2. In re DamronUnited States Bankruptcy Court, S.D. Georgia · 2019
  3. In Re: Louis A. Diaz, IVUnited States Bankruptcy Court, N.D. Ohio · 2026
  4. Jeffrey Robert Balcom and Virginia Lee BalcomUnited States Bankruptcy Court, D. Idaho · 2021
  5. Merl E. Williamson and Barbara Jayne WilliamsonUnited States Bankruptcy Court, N.D. Ohio · 2023

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