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Legal Opinion

In re Wrobel

United States Bankruptcy Court, W.D. New York

Decided February 13, 2015No. Case No. 12-13001 KPublishedCited by 7 opinions

1Opinion of the Court

*213OPINION AND ORDER FINDING LACK OF “GOOD FAITH” IN A CHAPTER 13 PLAN AND RESOLVING PENDING MOTIONS

Michael J. Kaplan, U.S.B.J.

Since the 2005 amendments collectively known as “BAPCPA,” there has been little reason for a low-income debtor ($30,000/yr. in this case) with entirely-exempt assets to file for relief under Chapter 13 rather than Chapter 7. For example, strip-down of cars purchased within 910 days of the filing is not permitted, and the “super discharge” of debts is almost eliminated. But if there is a question about “exemptibility” of an asset, there is a good reason to file under…

2Cases cited6 opinions

  1. C. Russell Kelleran, Jr., Eighteen Mile Corporation v. Slavko Andrijevic, A/K/A Al AndrieCourt of Appeals for the Second Circuit · 1987
  2. Matter of WigglesUnited States Bankruptcy Court, N.D. Georgia · 1980
  3. In Re HawesUnited States Bankruptcy Court, E.D. Wisconsin · 1987
  4. In Re HendricksUnited States Bankruptcy Court, M.D. Florida · 2000
  5. In re WrobelUnited States Bankruptcy Court, W.D. New York · 2014

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

3Cited by7 opinions

  1. In re BradleyUnited States Bankruptcy Court, D. Maine · 2017
  2. In re WrobelUnited States Bankruptcy Court, W.D. New York · 2015
  3. Bobby Eugene Goddard, Jr.United States Bankruptcy Court, E.D. North Carolina · 2025
  4. Brian P. GatesUnited States Bankruptcy Court, D. Connecticut · 2023
  5. Dolores Ann WalkerUnited States Bankruptcy Court, E.D. Tennessee · 2020

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

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