Legal Opinion
In Re Powell
United States Bankruptcy Court, C.D. Illinois
Decided April 1, 2009No. 08-82538PublishedCited by 1 opinion
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Chief Judge.
The Chapter 13 Plan filed by the Debtors, Clarence and Betty Powell (individually “CLARENCE” and “BETTY,” together the “DEBTORS”) is challenged on two grounds. An unsecured creditor, “I NEED CASH INC.” (INCI), alleges that the Plan was filed in bad faith. A secured creditor, Ford Motor Credit Company LLC (FMCC), alleges that the Plan violates the anti-bifurcation provision of the hanging paragraph. The matter is under advisement following a trial on March 2, 2009.
CLARENCE earns a living as an over-the-road truck driver and, to a lesser extent, as a…
2Cases cited9 opinions
- William Neufeld, Creditor v. Susan K. Freeman, Debtor, and Emily Y. Wilson, TrusteeCourt of Appeals for the Fourth Circuit · 1986
- In Re Edwin R. Smith, Debtor-Appellee. Appeal of Jerry WatsonCourt of Appeals for the Seventh Circuit · 2002
- Walet v. CommissionerUnited States Tax Court · 1958
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
- Eugene H. Walet, Jr. And Celia R. Walet v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
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3Cited by1 opinion
- In Re OzenkoskiUnited States Bankruptcy Court, E.D. Missouri · 2009