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In re Booker (Case No. 08-61565) 07/02/2010

            The debtor filed a motion for hardship discharge.  The debtor had paid the trustee $3,800.00 toward the plan. The debtor’s attorney’s fees were paid from that amount.  All creditors who filed unsecured claims would have been paid in full if the debtor paid an additional $2,273.00 to the trustee.  The Court concluded that the debtor did not meet the test under 11 U.S.C. § 1328(b)(2) and that the motion must be denied because the debtor had not paid all of his unsecured creditors as much as they would receive if this were a case under chapter 7.

Date: 
Friday, July 2, 2010
Category: 
Chapter 13 Issues
Discharge
Chapter: 
13