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Opinion 9

Case Name: 

In re Iacovoni, 2 B.R. 256 (Bankr.D.Utah)In re SnelsonIn re MaternIn re MontoyaIn re CartwrightIn re BishopIn re EppersonIn re Love

Judge: 
Judge Mabey
Date: 
Jan-18-1980
Case Number(s): 
79-1214, -1223, -1261, -1266, -1265, -1267, -1280, and -1347
Status: 

PUBLISHED

Body: 

In reviewing several chapter 13 plans proposed for confirmation by debtors, the court described the factors to consider in determining the 11 U.S.C. § 1325(a)(3) requirement that a plan be proposed in "good faith." The court held that good faith requires that the debtor propose a legitimate or substantial repayment of unsecured claims, which depends on the debtor's specific circumstances. Debtors are not required to make their "best effort," but are required to make a "good faith effort" to render meaningful repayment. The specific circumstances that should be considered include debtor's budget, potential future income and payment prospects, amount of debt and proposed percentage of payment, and the nature of debts sought to be discharged. A plan that proposes to make no payments to unsecured creditors cannot be confirmed.

Internal Ref: 
Opinion 9
File: