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Legal Opinion

Matter of Tobiason

United States Bankruptcy Court, D. Nebraska

Decided July 3, 1995No. 19-80213PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This ease is before the court to consider confirmation of the debtor’s Amended Chapter 13 Plan, and an objection to confirmation. I conclude that the plan was not filed in good faith, and that it does not provide to pay unsecured creditors as much as they would be paid in a Chapter 7 case. The plan is not confirmed.

FINDINGS OF FACT

The objecting creditors are shareholders in companies with which the debtor was previously affiliated — the “Designer Companies” and Designer Phosphate and Premix International, Inc. (DPPI). The “Designer Companies”…

2Cases cited5 opinions

  1. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  2. Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
  3. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  4. Mervyn M. MERTZ, Appellee, v. JoAnn ROTT, Julie Rott Kessel, National Farmers Union Property and Casualty Company, AppellantsCourt of Appeals for the Eighth Circuit · 1992
  5. Matter of SwanUnited States Bankruptcy Court, D. Nebraska · 1989

3Cited by8 opinions

  1. Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
  2. In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  3. In Re CarltonUnited States Bankruptcy Court, S.D. Florida. · 2004
  4. In Re CorinoUnited States Bankruptcy Court, N.D. New York · 1995
  5. In Re McLaughlinUnited States Bankruptcy Court, W.D. Texas · 1998

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