Legal Opinion

In Re Johnson

United States Bankruptcy Court, W.D. Missouri

Decided July 6, 2009No. 18-61424PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

Under § 1325(b)(1) of the Bankruptcy Code, if a trustee objects to the confirmation of a Chapter 13 plan — which he has in this case — a court may not approve the plan unless it provides that “all of the debtor’s projected disposable income ... [is] applied to make payments to vnse-cured creditors under the plan.” 1 The resolution of the Trustee’s objection hinges on the definition of the term “unsecured creditors.” The Debtors argue that this term encompasses both priority and non-priority unsecured creditors, and, consistent with this…

2Cases cited12 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  4. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  5. Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008

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3Cited by6 opinions

  1. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
  2. In re WiseUnited States Bankruptcy Court, District of Columbia · 2012
  3. In Re: Donald B. KingUnited States Bankruptcy Court, N.D. Ohio · 2026
  4. Jacob Benjamin DumasUnited States Bankruptcy Court, N.D. Georgia · 2019
  5. Richard Baud v. Krispen S. CarrollCourt of Appeals for the Sixth Circuit · 2011

1 more not listed; retrieve them via the Exa API.

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