Legal Opinion
In Re Britton
United States Bankruptcy Court, N.D. New York
Decided December 26, 2002No. 12-30823PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
STEPHEN D. GERLING, Chief Judge.
Under consideration by the Court is an objection filed by the chapter 13 trustee, Mark W. Swimelar, Esq. (“Trustee”) on September 9, 2002, to confirmation of the chapter 13 plan (“Plan”), filed on July 1, 2002, by Steven D. Britton, Sr. and Betty E. Britton (“Debtors”). The Trustee contends that it fails to satisfy the liquidation test of § 1325(a)(4) of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”), as well as the disposable income requirement found in Code § 1325(b)(1)(B).
The original…
2Cases cited7 opinions
- Pravin Banker Associates, Ltd. v. Banco Popular Del Peru and the Republic of PeruCourt of Appeals for the Second Circuit · 1997
- Rumbin v. Utica Mutual InsuranceSupreme Court of Connecticut · 2000
- University Mews Associates v. JeanmarieNew York Supreme Court · 1983
- Mail Concepts, Inc. v. Foote & Davies, Inc.Court of Appeals of Georgia · 1991
- Souther v. Safeco Life Insurance Co. (In Re Cooper)United States Bankruptcy Court, S.D. Georgia · 1999
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