Legal Opinion
Matter of Foulk
United States Bankruptcy Court, D. Nebraska
Decided November 8, 1991No. 19-80178PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Bankruptcy Judge.
This case came before the court to consider confirmation of the debtors’ proposed Chapter 13 plan. Timothy Olson appeared on behalf of debtors. Ms. Kathleen Laugh-lin appeared as Chapter 13 Trustee. The plan is not confirmed because the best interest of creditors test is not satisfied and because the debtor has claimed excessive exemptions.
The confirmation hearing was scheduled under 11 U.S.C. § 1324 upon affidavit evidence. The order scheduling the hearing stated that debtors had the burden of proving all the requisites to confirmation, including…
2Cases cited2 opinions
- In Re PerskinUnited States Bankruptcy Court, N.D. Texas · 1981
- Matter of NachtigalUnited States Bankruptcy Court, D. Nebraska · 1988
3Cited by15 opinions
- In Re William Andrews Elana Andrews, Debtors. William Andrews Elana Andrews v. Lawrence J. Loheit, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1995
- In Re RasmussenUnited States Bankruptcy Court, M.D. Florida · 2006
- Horace Mann Companies v. PinaireNebraska Supreme Court · 1995
- In re EscarcegaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
- Andrews v. Loheit (In Re Andrews)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
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