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In re Alderson (Case No. 06-60186) 08/07/2006

Moving party has burden to prove bad faith by a preponderance of the evidence.  After reviewing the totality of the circumstances, the Court held that, from the Debtor's perspective, the case and plan were filed in good faith.  The Debtor's eligibility for discharge is irrelevant to the confirmation of the plan.

Date: 
Monday, August 7, 2006
Category: 
Bad Faith
Burden of Proof
Confirmation of Plan
Dischargeability
Good Faith
Judgments
Chapter: 
13