In re Smith, 130 B.R. 102 (Bankr.D.Utah)
PUBLISHED
The issue before the court was whether the debtors' 36-month chapter 13 plan satisfied the good faith requirement of 11 U.S.C. § 1325(a)(3), where the plan proposed a 30% return to unsecured creditors on their claims. Both the trustee and the lender on a student loan objected to the proposed plan. The court determined that the student loan debt would not have been dischargeable in a chapter 7 case, but that a chapter 13 discharge is much broader. Because of that, § 1325(a)(3) requires that a chapter 13 plan be proposed in good faith. As the Bankruptcy Code does not define "good faith," the court found it essential to consider the totality of the circumstances surrounding the proposed plan, including debtors' income prospects and the length of the plan. Concluding that debtor husband's education had enabled him to earn an income that was likely to include substantial increases, the court held that a 60-month plan was imperative for the debtors to meet the good faith requirement for confirmation.