Legal Opinion

In Re McGillis

United States Bankruptcy Court, W.D. Michigan

Decided May 15, 2007No. 11-80345PublishedCited by 52 opinions

1Opinion of the Court

OPINION RE: CHAPTER 13 TRUSTEE’S SECTIONS 1325(a)(3), 1325(b), AND MEANS TEST CALCULATION OBJECTIONS

JEFFREY R. HUGHES, Bankruptcy Judge.

Mark and Donna McGillis (“Debtors”) have requested the court to confirm their plan over the Chapter 13 Trustee’s objection. The Chapter 13 Trustee objects because Debtors allegedly are not committing to their unsecured creditors all of their disposable income as required by Section 1325(b) of the Bankruptcy Code. 1 The Chapter 13 Trustee also asserts that Debtors’ plan is not proposed in good faith. 2

Debtors filed their petition for relief on June 28, 2006,…

2Cases cited53 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
  4. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  5. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983

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3Cited by52 opinions

  1. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
  2. In Re WilliamsUnited States Bankruptcy Court, D. Colorado · 2008
  3. In Re BriscoeDistrict Court, District of Columbia · 2007
  4. In Re Van Bodegom SmithUnited States Bankruptcy Court, E.D. Wisconsin · 2008
  5. In Re MeekUnited States Bankruptcy Court, D. Idaho · 2007

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