DeHart v. Kresge (In re Kresge)

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

As is relatively common, a simple set of facts poses a question of law of some complexity. It comes to me by way of two objections filed to the Debtor’s Chapter 13 Plan.

The Debtor, Scott Kresge, filed a Chapter 13 bankruptcy on March 17, 2011. *778About the time of filing, his lawyer searched the county records and discovered that, in 2006, Scott’s parents, Carl and Sandra Kresge, deeded to Scott and his brother, David, a parcel of property upon which was located a construction business known as Carl L. Kresge and Sons, Inc. That business is solely owned by…