(Bankr. E.D. Ky. Mar. 22, 2018)
The bankruptcy court addresses the issue of whether a motion to dismiss for lack of good faith under 11 U.S.C. § 1307(c) can save an otherwise untimely § 1325(a)(7) objection to confirmation of a Chapter 13 plan. The court holds that because § 1325(a)(7) requires the determination of the debtor’s good faith in filing the petition as part of the plan confirmation process, a motion to dismiss under § 1325(a)(7) cannot rely on an allegation of lack of good faith if the motion is filed after the deadline to object to confirmation. Opinion below.
Attorney for Debtor: Michael B. Baker
Attorney for Creditor: Finney Law Firm, LLC, Justin C. Walker
Author: Matt Lindblom