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In re Keith Neil Haffer

Bankr. No.: 
97-41065
Chapter: 
13
Date of Decision: 
September 21, 1998
Issue: 
(1) Whether Debtor's plan was proposed in good faith? (2) Whether the case should be dismissed or converted to a Chapter 7?
Ruling: 
(1) Debtor had not proposed his plan in good faith because he had not shown that his large IRAs are exempt, the plan did not recognize that the IRAs and a monthly annuity payment may constitute disposable income, his schedule I was incomplete, and he and his non-debtor wife's business transactions were apparently designed to minimize his assets to forestall a judgment creditor's collection efforts. (2) Debtor was given a deadline to file a modified plan and get it confirmed or the case will be dismissed.
Full Bankruptcy Court Decision: