Legal Opinion

In Re Dixon

United States Bankruptcy Court, W.D. New York

Decided May 4, 1992No. 2-17-20633PublishedCited by 11 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Bankruptcy Judge.

An unsecured creditor (Citibank (NYS)) has objected to confirmation of the debtor’s Chapter 13 plan on the grounds that the plan does not propose to pay creditors at least what they would receive in a Chapter 7 liquidation. (11 U.S.C. § 1325(a)(4).)

The narrow issue presented for resolution is whether the debtor, in computing the amount that unsecured creditors would receive in a Chapter 7 liquidation of his interest in the house he owns together with his non-debtor spouse, is entitled to deduct $22,040 from the estimated equity as hypothetical costs of a…

2Cases cited5 opinions

  1. Matter of BarthUnited States Bankruptcy Court, D. Connecticut · 1988
  2. Hunter Press, Inc. v. Connecticut Bank & Trust Co.District Court, D. Connecticut · 1976
  3. Matter of WilheimUnited States Bankruptcy Court, D. New Jersey · 1983
  4. In Re CardUnited States Bankruptcy Court, N.D. California · 1990
  5. Matter of RiveraUnited States Bankruptcy Court, D. Puerto Rico · 1990

3Cited by11 opinions

  1. Smith v. Household Finance Realty Corp. of New York (In Re Smith)United States Bankruptcy Court, E.D. New York · 2001
  2. In Re ManfredUnited States Bankruptcy Court, D. New Jersey · 1993
  3. McKinney v. McKinney (In re McKinney)United States Bankruptcy Court, W.D. Pennsylvania · 2014
  4. In Re McLaughlinUnited States Bankruptcy Court, W.D. Texas · 1998
  5. In Re DelbruggeUnited States Bankruptcy Court, N.D. West Virginia · 2006

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