Legal Opinion
In Re Richall
United States Bankruptcy Court, D. New Hampshire
Decided May 11, 2012No. 19-10355PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
J. MICHAEL DEASY, Bankruptcy Judge.
I. INTRODUCTION
Lawrence P. Sumski, the chapter 13 trustee (the “Trustee”), filed a motion to dismiss the case (Doc. No. 18) (the “Motion to Dismiss”) on the grounds that, notwithstanding the Debtors’ compliance with 11 U.S.C. § 1325(b), 1 the Debtors’ Chapter 13 Amended Plan dated December 8, 2011 (Doc. No. 24) (the “Plan”) was not filed in good faith under § 1325(a)(3) because it does not provide plan payments as calculated pursuant to § 1325(b)(2). The Debtors counter that their failure to dedicate their entire monthly disposable income…
2Cases cited4 opinions
- Sullivan v. Solimini (In Re Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2005
- Keach v. Boyajian (In Re Keach)Bankruptcy Appellate Panel of the First Circuit · 2000
- In Re JonesUnited States Bankruptcy Court, D. New Hampshire · 2007
- In Re O'Neill MirandaUnited States Bankruptcy Court, D. Puerto Rico · 2011
3Cited by13 opinions
- In re Hight-GoodspeedUnited States Bankruptcy Court, N.D. Indiana · 2012
- In re CormierUnited States Bankruptcy Court, D. Massachusetts · 2012
- In re McGehanUnited States Bankruptcy Court, D. Colorado · 2013
- In re BarnesUnited States Bankruptcy Court, S.D. Georgia · 2015
- In re CobbUnited States Bankruptcy Court, D. Rhode Island · 2013
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