Legal Opinion
Matter of Cook
United States Bankruptcy Court, S.D. West Virginia
Decided April 3, 1980No. Bankruptcy 79-20348PublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
EDWIN F. FLOWERS, Bankruptcy Judge.
Objection is made to the confirmation of a Chapter 13 “Plan” which provides no payment to any creditor.
The Debtor received a discharge of his debts five years ago and now files a petition under Chapter 13 of the new Bankruptcy Code (11 U.S.C. § 1301) for relief as an individual with regular income.
His Chapter 13 Statement demonstrates that his monthly living expenses exceed his income by $3.34 and consequently he cannot realistically propose paying his creditors anything.
Subsequent to the confirmation hearing and accompanying the…
2Cases cited2 opinions
- In Re IacovoniUnited States Bankruptcy Court, D. Utah · 1980
- Matter of CurtisUnited States Bankruptcy Court, W.D. Missouri · 1979
3Cited by26 opinions
- Matter of ColeUnited States Bankruptcy Court, S.D. West Virginia · 1980
- Matter of BeltUnited States Bankruptcy Court, N.D. Indiana · 1989
- In Re GaviaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- In Re HeardUnited States Bankruptcy Court, W.D. Kentucky · 1980
- In Re KernUnited States Bankruptcy Court, S.D. New York · 1984
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