Court determined that the debtor’s chapter 13 plan was not proposed in good faith as required by 11 U.S.C. § 1325(a)(3) and § 1325(a)(7) and was, in fact, filed with the intention to have his equitable distribution obligations to his ex-wife minimized to the extent they could not be avoided. The court sustained the objection to confirmation of debtor’s proposed plan but also sustained debtor’s objection to the creditor/ex-wife’s proof of claim that his court-ordered obligations to her should have priority, finding that the debt was not classifiable as a domestic support obligation as defined in § 101(14A).
File:
Judge:
Date:
Friday, March 2, 2012
Category:
Burden of Proof
Chapter 13 Issues
Claim Objections
Confirmation of Plan
Domestic Support Obligations
Good Faith
Chapter:
13