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In re Maupin (Case No. 07-61051) 11/01/2007

The Court held that additional paragraphs added by the debtor to Paragraph 11 of the Uniform Plan do not contain provisions peculiar to debtor's financial situation and instead are unnecessary and is likely, if applicable, to increase the costs of administration and litigation.  Further, if the language in Paragraph 11 is an inaccurate statement of law, it violates 11 U.S.C. § 1322(b)(11), which prohibits against including any provision that is not consistent with the Bankruptcy Code.  Therefore, the Court sustained the Chapter 13 trustee's objection to confirmation of debtor's plan and held that such additional paragraphs must be deleted from the Chapter 13 plan before confirmation or else they would require the Court to adjudicate matters that are not yet before it.

Date: 
Thursday, November 1, 2007
Category: 
Confirmation of Plan
Contested Matters
Chapter: 
13