In re Asch

Posted on August 21, 2015. Filed under: Uncategorized |

The amount of your debt can control whether or not your are eligible to file Chapter 13 Bankruptcy. To find an experienced bankruptcy attorney to help you make this determination, go to http://www.nacba.org or http://www.abcworld.org .

Kentuckiana Bankruptcy Opinions

(Bankr. E.D. Ky. Aug. 18, 2015)

The bankruptcy court grants the trustee’s motion to dismiss the Chapter 13 based on the debtor having secured claims in excess of that allowed under 11 U.S.C. § 109(e). The debtor argued that her schedules, which listed secured debt less than the 109(e) threshold, should control on the issue of her eligibility. The court holds that it may review other items in the record to determine eligibility. For reasons including that the debtor failed to include prepetition interest on her mortgage debt and listed certain debts as unliquidated and contingent when they almost certainly were not, the court finds that the debtor is not eligible for Chapter 13. Opinion below.

2015-08-18 – in re ash

Author: Matt Lindblom

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