Legal Opinion

In re Enabnit

United States Bankruptcy Court, N.D. California

Decided January 17, 2013No. 12-54955PublishedCited by 1 opinion

1Opinion of the Court

*406ORDER SUSTAINING OBJECTION BY AMERICAN EXPRESS TO SECOND AMENDED CHAPTER 13 PLAN

STEPHEN L. JOHNSON, Bankruptcy Judge.

Creditor American Express Centurion Bank and American Express Bank, FSB (“American Express”) objected to confirmation of Debtors’ plan on the grounds of failure to comply with the disposable income test of 11 U.S.C. § 1325(b)(1)(B) and lack of good faith pursuant to 11 U.S.C. § 1325(a)(3) based on Debtors’ expenses on a timeshare ownership.1

The court heard argument on the objection on November 15, 2012. Patrick Calhoun appeared for Debtors and Cheryl Rouse appeared for American…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  3. In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
  4. 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
  5. In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio CampolongoCourt of Appeals for the Ninth Circuit · 1986

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3Cited by1 opinion

  1. In Re: DAVID C. WELSH and SHARON N. WELSHCourt of Appeals for the Ninth Circuit · 2013

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