Legal Opinion

Johnson v. Fink (In Re Johnson)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 2, 2012No. BAP 12-6009Published

1Opinion of the Court

KRESSEL, Chief Judge.

The debtors, Robert and Leita Johnson, appeal from a bankruptcy court 1 order dismissing their chapter 13 case without prejudice. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The debtors filed a chapter 13 petition on October 5, 2010 and confirmed their plan on January 26, 2011. The debtors used the Western District of Missouri’s model plan, local form MOW 3083-1.1. The model plan provides six different treatments for unsecured creditors, of which the debtors may only choose one. The six types of treatment are 100% dividend, 0% dividend, base plan, liquidation analysis pot…

2Cases cited10 opinions

  1. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  2. Hamilton v. LanningSupreme Court of the United States · 2010
  3. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  4. Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  5. Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008

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