In Re Ziegler
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
MEMORANDUM OPINION
THOMAS M. TWARDOWSKI, Bankruptcy Judge.
Hill Financial Savings Association (“Hill”) has mounted a dual attack on Earl Ziegler’s (“debtor”) chapter 13 case by filing objections to confirmation and by requesting relief from the automatic stay. Because the keystone of debtor’s plan is a contingent, unliquidated lawsuit which is also debtor’s offer of adequate protection, we find that the funding of the plan is too speculative to fulfill the requirements of 11 U.S.C. § 1322 and that debtor’s offer of 11 U.S.C. § 362(d)(1) adequate protection is insufficient.
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2Cases cited14 opinions
- Metropolitan Life Ins. v. Murel Holding Corp.Court of Appeals for the Second Circuit · 1935
- In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re Stranahan Gear Company, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re TashjianUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re Gulph Woods Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1988
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3Cited by14 opinions
- In Re FrickerUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
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- In Re Vito Anthony Lafata, Debtor. Eastern Savings Bank, Fsb v. Vito Anthony Lafata, in Re Vito Anthony Lafata, Debtor. Eastern Savings Bank, Fsb v. Vito Anthony Lafata Denise M. Pappalardo, TrusteeCourt of Appeals for the First Circuit · 2007
- Crawford Square Community v. Turner (In Re Turner)United States Bankruptcy Court, W.D. Pennsylvania · 2005
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