Date of Decision:
May 7, 2007
Whether Debtor’s chapter 13 plan was proposed in good faith?
No. Debtor’s only unsecured debt would have been nondischargeable in chapter 7; Debtor was motivated to seek chapter 13 relief, not by a sincere desire to repay her creditors, but by the rapidly approaching effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, under which her only unsecured debt would no longer have been dischargeable in chapter 13; and Debtor’s pre-petition conduct in misstating her husband’s income and net worth on her applications for veterans benefits three times over the course of several years did not support a finding of good faith.
Full Bankruptcy Court Decision: