Bayer v. Hill (In Re Bayer)

I would affirm the judgment of the bankruptcy court on all issues and therefore dissent.

I

As noted by the Panel opinion, in order for a Chapter 13 plan to be confirmed, the bankruptcy court must find that the plan has been proposed in good faith. 11 U.S.C. § 1325(a)(3). In Handeen v. LeMaire (In re LeMaire), 898 F.2d 1346 (8th Cir.l990)(en banc), the Eighth Circuit Court of Appeals reaffirmed the “totality of the circumstances” test enunciated in In re Estus, 695 F.2d 311, 316 (8th Cir.1982), and set forth “particularly relevant” factors to be applied in light of the purposes of Chapter 13,…