In Re Huelbig

ORDER GRANTING MOTION TO DISMISS

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Before the Court is Allstate Insurance Company’s (Allstate’s) Motion to Dismiss the Huelbigs’ Chapter 13 case, on the ground that their unsecured debt exceeds the limits proscribed in 11 U.S.C. § 109(e). The Debtors argue that Allstate’s claim is unliquidated and therefore may not be counted in determining their eligibility for Chapter 13. For the reasons discussed below, I find, for jurisdictional purposes, that Allstate’s claim is noncontingent and liquidated, and should be counted in determining the Debtors’ eligibility…