G. F. C. Consumer Discount Co. v. Scott (In Re Scott)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The issue presently before this Court is whether a determination of the non-dis-chargeability of a debt in a prior bankruptcy proceeding under the Bankruptcy Act will, of itself, preclude the confirmation of a subsequent chapter 13 proceeding under the new Bankruptcy Code which lists that same debt in the schedules. In the absence of a showing of bad faith and because we believe that the confirmation provisions of Section 1325, 11 U.S.C. § 1325 govern the instant proceeding, we find that the chapter 13 plan may be confirmed. However, we will allow…