Legal Opinion

In Re Roberts

United States Bankruptcy Court, S.D. New York

Decided January 7, 1981No. 18-23858PublishedCited by 5 opinions

1Opinion of the Court

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The standing trustee objected to the confirmation of the debtor’s plan on the ground that the requirement of Code § 1325(a)(4) would not be met because the unsecured creditors could realize a greater amount on their claims in a Chapter 7 liquidation, and because the debtor has not shown sufficient cause, under Code § 1322(c), for the court to approve a sixty month plan. Code § 1325(a)(4) states in part as follows:

“[T]he value, as of the effective date of the plan, of property to be distributed under the plan on account of cash allowed unsecured claim is…

2Cases cited1 opinion

  1. In Re WilliamsUnited States Bankruptcy Court, N.D. Illinois · 1980

3Cited by5 opinions

  1. In Re Dorothy C. Hardy, Debtor. Dorothy C. Hardy v. Cinco Federal Credit UnionCourt of Appeals for the Sixth Circuit · 1985
  2. Matter of BarthUnited States Bankruptcy Court, D. Connecticut · 1988
  3. In Re HiebUnited States Bankruptcy Court, D. South Dakota · 1988
  4. Hardy v. Cinco Federal Credit UnionCourt of Appeals for the Sixth Circuit · 1985
  5. McCallister v. GouldDistrict Court, D. Idaho · 2021

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