Legal Opinion
In Re Sandberg
United States Bankruptcy Court, D. Kansas
Decided July 19, 2010No. 09-13367PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT E. NUGENT, Chief Judge.
This case requires the Court to bridge the gap between the old, the good faith requirement of 11 U.S.C. § 1325(a)(3) and the new, BAPCPA’s disposable income mandate found in § 1325(b)(1)(B). When is a debtor who has complied with the disposable income requirement barred from confirmation for lack of good faith?
These above-median income debtors filed a chapter 13 plan in which they propose to repay several secured claims in addition to their home mortgage. Mr. Sandberg has been unemployed for nearly 16 months, but Mrs. Sandberg’s employment…
2Cases cited20 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Hamilton v. LanningSupreme Court of the United States · 2010
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
- In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
15 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re WarkUnited States Bankruptcy Court, D. Kansas · 2015
- In re KnowlesUnited States Bankruptcy Court, D. Kansas · 2013
- In Re AmosUnited States Bankruptcy Court, D. New Jersey · 2011
- In re RobertsUnited States Bankruptcy Court, D. Kansas · 2013
- VIEGELAHN v. EssexDistrict Court, W.D. Texas · 2011
10 more not listed; retrieve them via the Exa API.