Legal Opinion

In Re Miller

United States Bankruptcy Court, E.D. Pennsylvania

Decided November 23, 1982No. 19-11501PublishedCited by 2 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a chapter 13 plan which proposes to pay approximately nine (9%) percent of the debtors’ unsecured claims, sixty-nine (69%) percent of which consist of outstanding student loans, is made in good faith as required by section 1325(a)(3) of the Bankruptcy Code (“the Code”). We conclude that the proposed plan does not because, under the facts of this case, it does not provide for meaningful payments to the holders of unsecured claims. We must, therefore, deny confirmation of the plan.

The facts of the instant case are as…

2Cases cited6 opinions

  1. Meek Lumber Yard, Inc. v. Houts (In Re Houts)United States Bankruptcy Court, W.D. Missouri · 1982
  2. Beneficial Finance Co. of Alabama v. McBride (In Re McBride)United States Bankruptcy Court, M.D. Alabama · 1980
  3. G. F. C. Consumer Discount Co. v. Scott (In Re Scott)United States Bankruptcy Court, E.D. Pennsylvania · 1980
  4. Triplett v. Arndt (In Re Aalto)United States Bankruptcy Court, M.D. Florida · 1981
  5. In Re MitrukaUnited States Bankruptcy Court, E.D. Pennsylvania · 1982

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3Cited by2 opinions

  1. In Re GathrightUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
  2. Pennsylvania Higher Education Assistance Agency v. Gathright (In Re Gathright)District Court, E.D. Pennsylvania · 1987

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