Bankr. No.:
86-30044
Chapter:
12
Date of Decision:
November 19, 1993
Issue:
Whether some post-confirmation payments by Debtors on a contract for deed constituted disposable income where Debtors cured the default and made the remaining payments under the original contract but where the payments were not disclosed in Debtors' confirmed plan?
Ruling:
Debtors' post-confirmation payments on the contract for deed did not constitute disposable income. The contract, although not in Debtors' confirmed plan, was scheduled. There was no evidence Debtors fraudulently omitted it from the plan. The payments were made according to the original contract. Debtors could not force the deed holder to agree to different terms. Any concern about the contract payments should have been raised at confirmation.
Full Bankruptcy Court Decision:
