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Legal Opinion

In Re Mitruka

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 16, 1982No. 19-11549PublishedCited by 6 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before the court is whether a chapter 13 plan which proposes to make a single lump sum payment of 5.5% of the debtors’ unsecured claims is made in “good faith” as required by § 1325(a)(3) of the Bankruptcy Code, so that we may confirm the debtors’ proposed plan. We conclude that such a payment does not meet the good faith requirement and must therefore deny confirmation.

The facts of this case are as follows: 1 In September, 1980, Brij M. and Vicky A. Mi-truka (“the debtors”) who are both medical doctors, filed a voluntary petition for…

2Cases cited6 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. Leech v. Nichols (In Re Nichols)United States Bankruptcy Court, E.D. Michigan · 1980
  3. In Re SchongallaUnited States Bankruptcy Court, D. Maryland · 1980
  4. Ballou v. Lentz (In Re Ballou)United States Bankruptcy Court, D. Kansas · 1981
  5. Triplett v. Arndt (In Re Aalto)United States Bankruptcy Court, M.D. Florida · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re GathrightUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
  2. Matter of EsserUnited States Bankruptcy Court, E.D. Michigan · 1982
  3. In Re AdgerUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
  4. In Re MillerUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
  5. In Re SheetsUnited States Bankruptcy Court, D. New Mexico · 1983

1 more not listed; retrieve them via the Exa API.

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