Legal Opinion

In Re Thebeau

United States Bankruptcy Court, E.D. Arkansas

Decided April 11, 1980No. Bankruptcy J 79 152 BPublishedCited by 13 opinions

1Opinion of the Court

ORDER OVERRULING TRUSTEE’S OBJECTION AND CONFIRMING PLAN

CHARLES W. BAKER, Bankruptcy Judge.

The issue in this case is whether a Chapter 13 plan, which proposes no payments to creditors, can be filed in “good faith” as required by 11 U.S.C. § 1325(a)(3). This Court finds that “good faith” does not require a payment to creditors and that in this particular case “good faith” has been shown.

The facts are not in dispute. The debtors’ plan provides for the payment of $50.00 per month to the Trustee until the cost of administration and debtors’ attorney’s fee have been paid. There are no secured…

2Cases cited2 opinions

  1. Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
  2. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940

3Cited by13 opinions

  1. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  2. Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
  3. In Re GreerUnited States Bankruptcy Court, C.D. California · 1986
  4. In Re HeardUnited States Bankruptcy Court, W.D. Kentucky · 1980
  5. Matter of ScherUnited States Bankruptcy Court, S.D. New York · 1981

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