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.

Friday, April 30, 2010