In re Sweet (09-31829)

The Chapter 13 trustee objected to confirmation of the debtors' proposed plan contending that the plan was not proposed in good faith because the debtors wanted to keep a home with a large mortgage payment in which they had no equity while paying a low dividend to unsecured creditors. The court applied the Kitchen factors and considered the totality of the circumstances and found that the debtors' plan was proposed in good faith.

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Friday, April 30, 2010