In re Wentz

(Bankr. E.D. Ky. Nov. 6, 2014)

The bankruptcy court grants the creditor’s motion to dismiss the chapter 13 case because the debtor was not eligible for chapter 13, as his unsecured debt exceeded the debt limit of 11 U.S.C. § 109(e). The court recognizes that based only on the debtor’s schedules, the debt limit was not exceeded. While the Sixth Circuit has stated a bankruptcy court should look primarily to the debtor’s schedules to make the chapter 13 eligibility determination, the bankruptcy court holds that a state court judgment against the debtor is sufficiently reliable to establish that the debtor omitted unsecured debt that would cause his total unsecured debt to exceed the § 109(e) debt limit. Opinion below.

2014-11-06 – in re wentz

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