Legal Opinion
Van Der Heide v. LaBarge (In Re Van Der Heide)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided April 15, 1998No. BAP 97-6090EMPublishedCited by 5 opinions
1Opinion of the Court
KRESSEL, Bankruptcy Judge.
The debtor, Gerard Van Der Heide, appeals an order of the bankruptcy court1 denying confirmation of his Chapter 13 plan . and dismissing his case. We affirm.
BACKGROUND
Van Der Heide filed his Chapter 13 ease on January 7, 1997. In his plan, Van Der Heide proposed to pay general unsecured creditors $2,858. The trustee objected to confirmation, claiming that Van Der Heide’s plan did not satisfy 11 U.S.C. § 1325(a)(4)’s “best interests of creditors” test since unsecured creditors were not receiving as much as they would under a Chapter 7 liquidation.2
The basis for the…
2Cases cited16 opinions
- First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
- Nelson v. HotchkissSupreme Court of Missouri · 1980
- 12 Collier bankr.cas.2d 525, Bankr. L. Rep. P 70,332 in the Matter of Terry Grosslight D/B/A Kay Bee Construction Company. Liberty State Bank and Trust, a Michigan Banking Corporation v. Terry Grosslight and Sandra GrosslightCourt of Appeals for the Sixth Circuit · 1985
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3Cited by5 opinions
- In Re Gerard Robert VAN DER HEIDE, Debtor. Gerard Robert Van Der Heide, Appellant, v. John v. LaBarge, Jr., AppelleeCourt of Appeals for the Eighth Circuit · 1999
- In Re BelyeaUnited States Bankruptcy Court, D. New Hampshire · 1999
- Direct Transit, Inc. v. South Dakota Governor's Office of Economic Development (In Re Direct Transit, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- G. R. Van Der Heide v. John v. LaBarge, Jr.Court of Appeals for the Eighth Circuit · 1999
- Van Der Heide v. LaBarge (In Re Van Der Heide)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998