2022 Bankr. LEXIS 2821
Oct 05, 2022OUTCOME:
Overview HOLDINGS: [1]-Chapter 13 trustee's objection to debtor's Chapter 13 plan was overruled when the trustee contended that the plan violated the equal payments requirement under 11 U.S.C.S. § 1 ... 325(a)(5)(B)(iii)(I) because the potentially affected secured creditors accepted the plan as contemplated by 11 U.S.C.S. § 1325(a)(5) in that it appeared that the secured creditors received notice of the plan and did not object, raising the presumption of acceptance, which was not otherwise rebutted. Furthermore, with respect to the Chapter 13 trustee's objection that the plan was not filed in good faith as required by 11 U.S.C.S. § 1325(a)(3), the court found that the plan was to be approved because the basis of the good faith objection was a distribution scheme that was permissible and concerns about the effect on unsecured creditors was hypothetical as no distribution to them was contemplated. Outcome Objection to confirmation of Chapter 13 plan overruled. In re Smith, No. 20-40870-CJP, 2022 Bankr. LEXIS 2821, at *1 (Bankr. D. Mass. Oct. 5, 2022)
