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In re Donald E. Schmidt and Helen M. Schmidt

Bankr. No.: 
87-10033
Chapter: 
12
Date of Decision: 
June 11, 1991
Issue: 
Whether Chapter 12 Debtors had completed all plan payments, including payments of disposable income to unsecured claim holders, and thus were entitled to discharge?
Ruling: 
Debtors failed to show that there was no disposable income available for unsecured creditors. Annual reports, as amended by Debtors at the hearing, indicated as much as $92,000.00 may be available. Insufficient evidence was presented on Debtors' borrowing ability and there was no clear evidence presented on the Debtors' financial needs for the coming year. Finally, Debtors failed to justify expansion of their farming operation.
Full Bankruptcy Court Decision: