Legal Opinion

In Re Dorothy C. Hardy, Debtor. Dorothy C. Hardy v. Cinco Federal Credit Union

Court of Appeals for the Sixth Circuit

Decided February 19, 1985No. 83-3833PublishedCited by 44 opinions

1Opinion of the Court

DeMASCIO, District Judge.

The debtor appeals an order of the bankruptcy judge denying confirmation of the debtor’s Chapter 13 plan. Under the terms of the debtor’s proposed plan, all allowed unsecured claims would be paid in full over a five-year period. The unsecured creditors, however, would receive no interest on their claims. In denying confirmation, the bankruptcy judge found that all unsecured claims would be paid in full if the debtor’s estate was liquidated. Upon this finding, the bankruptcy concluded that the “liquidation test” stated in 11 U.S.C. § 1325(a)(4) was not met. The…

2Cases cited3 opinions

  1. In Re WilliamsUnited States Bankruptcy Court, N.D. Illinois · 1980
  2. In Re MartinDistrict Court, N.D. Illinois · 1982
  3. In Re RobertsUnited States Bankruptcy Court, S.D. New York · 1981

3Cited by44 opinions

  1. In Re Holly Flor and Rudolph Mangels, Debtors. Holly Flor and Rudolph Mangels, Debtors-Appellants v. Bot Financial Corp., Creditor-AppelleeCourt of Appeals for the Second Circuit · 1996
  2. Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
  3. Inalene Lewis v. United States of America, Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1993
  4. Matter of KainUnited States Bankruptcy Court, W.D. Michigan · 1988
  5. In The Matter Of Sullivan Central Plaza, I, Ltd.Court of Appeals for the Fifth Circuit · 1990

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