In re Garcia

9 Citing cases

  1. Matter of Witkowski

    16 F.3d 739 (7th Cir. 1994)   Cited 242 times
    Holding that ‘the clear and unambiguous language of § 1329 negates any threshold change in circumstances requirement and clearly demonstrates that the doctrine of res judicata does not apply’

    See e.g., In re Casper, 153 B.R. 544, 545 (Bankr.N.D.Ill. 1993), rev'd on other grounds sub nom., 154 B.R. 243 (N.D.Ill. 1993); In re Garcia, 6 B.R. 35, 37 (Bankr.D.Kan. 1980). This may require an adjustment in the payment schedule, depending on the type of plan. Garcia, 6 B.R. at 37.

  2. In re Burrell

    25 B.R. 717 (Bankr. N.D. Cal. 1982)   Cited 7 times

    It is not defined in either the Bankruptcy Code or Congressional reports. In re Garcia, 6 B.R. 35, 38 (Bkrtcy.D.Kan. 1980); 5 Collier on Bankruptcy § 1325.01(2)(c) (15th ed. 1979). Nonetheless, in support of finding a minimum quantitative requirement implicit in § 1325(a)(3), some courts have relied on portions of committee reports encouraging 100 percent repayment plans or indicating that the provisions of Chapter 13 should not be abused.

  3. In re Ali

    33 B.R. 890 (Bankr. D. Kan. 1983)   Cited 8 times

    See In Re Deans, 692 F.2d 968 (4th Cir. 1982); In Re Rimgale, 669 F.2d 426 (7th Cir. 1982); In Re Estus, 695 F.2d 311 (8th Cir. 1982); In Re Goeb, 675 F.2d 1386 (9th Cir. 1982); In Re Kitchens, 702 F.2d 885 (11th Cir. 1983); In Re Barnes, 689 F.2d 193 (D.C. Cir. 1982). In In Re Garcia, 6 B.R. 35, 6 BCD 1212 (Bkrtcy.D.Kan. 1980), this Court reviewed a number of the early chapter 13 cases requiring "substantial" or "meaningful" payments to unsecured creditors before a plan could be confirmed. See, e.g., In Re Marlow, 3 B.R. 305, 1 CBC2d 705 (Bkrtcy.N.D.Ill. 1980); In Re Beaver, 2 B.R. 337, 1 CBC2d 609 (Bkrtcy.S.D.Cal. 1980); In Re Iacavoni, 2 B.R. 256, 1 CBC2d 331 (Bkrtcy.D.Utah, 1980); In Re Campbell, 3 B.R. 57, 1 CBC2d 653 (Bkrtcy.S.D.Cal. 1980); In Re Burrell, 2 B.R. 650, 1 CBC2d 474 (Bkrtcy.N.D.Cal. 1980); In Re Seman, 4 B.R. 568, 6 BCD 626, 2 CBC2d 394 (Bkrtcy.S.D.N Y 1980). Like the Tenth Circuit, this Court rejected the concept of a set minimum payment requirement.

  4. In re Burrell

    25 B.R. 717 (N.D. Cal. 1982)

    It is not defined in either the Bankruptcy Code or Congressional reports. In re Garcia, 6 B.R. 35, 38 (Bkrtcy.D.Kan.1980); 5 Collier on Bankruptcy § 1325.01(2)(c) (15th ed. 1979). Nonetheless, in support of finding a minimum quantitative requirement implicit in § 1325(a)(3), some courts have relied on portions of committee reports encouraging 100 percent repayment plans or indicating that the provisions of Chapter 13 should not be abused.

  5. In re Frost

    19 B.R. 804 (Bankr. D. Kan. 1982)   Cited 38 times

    The non-statutory "best efforts" or "meaningful payments" tests elsewhere imposed are not the rule in this Court, and the chapter 13 debtor need only pay to unsecured creditors what the unsecured creditors would have received under chapter 7. If the unsecured creditors would receive nothing in a chapter 7 proceeding the chapter 13 debtor is not required to pay them anything regardless of the Court's moral scruples to the contrary. In Re Garcia, 6 B.R. 35, 6 B.C.D. 1212 (D.Kan. 1980). The debtors' original plan proposed to pay 1% to unsecured claims.

  6. In re Powell

    15 B.R. 465 (Bankr. N.D. Ga. 1981)   Cited 22 times

    The Bank filed an objection raising this issue but failed to prosecute it. Where no objection is filed or, as in the case at bar, an objection is filed but not prosecuted, the bankruptcy judge need not take evidence on the requisites for confirmation. See In re Garcia, 6 B.R. 35, 6 B.C.D. 1212 (Bkrtcy.D.Kansas 1980) (Pusateri, B.J.); In re Ratmansky, 7 B.R. 829, 6 B.C.D. 1362, 1364-1365 (Bkrtcy.E.D.Pa. 1980) (Goldhaber, B.J.).

  7. Matter of Faust

    12 B.R. 679 (Bankr. D. Neb. 1981)   Cited 2 times

    Some courts have determined that plans will not be confirmed unless a minimum percentage of all debt is to be paid. E. g., In re Paul Burrell, 2 B.R. 650, 5 Bcy.Ct.Dec. 1321 (Bkrtcy.N.D.Cal. 1980). Such an approach seems to me to unsupported by any statutory requirement and to judicially overrule the flexible standards delineated in § 1325 of the Code. Accord: In re Garcia, 6 B.R. 35, 6 Bcy.Ct.Dec. 1212 (Bkrtcy.D.Kan. 1980). Accordingly, I decline to follow that line of cases even though such a system has the virtue of simplicity for debtors, attorneys and courts.

  8. In re Dziedzic

    9 B.R. 424 (Bankr. S.D. Tex. 1981)   Cited 43 times
    Determining separate classification of nondischargeable claims

    The need for an explanation of differing treatment of certain unsecured debts in In re Cadogan, 4 B.R. 598 (W.D.La. 1980) was a sufficient omission for the plan to be denied, while the court in In re Gay, 3 B.R. 336 (D.Colo. 1980) required even more from the debtor, holding that payment on bad checks was unfairly discriminatory if the debtor could not show that potential criminal charges or other adverse consequences would be more than speculative. Running counter to the trend are In re Garcia, 6 B.R. 35 (D.Kan. 1980), which allowed cosigned debts and attorney's fees (the attorney was working on a nonbankruptcy matter for the debtor) to be paid in full, and Hill, supra, which approved payment on cosigned debts and doctor bills. As mentioned above, one case leans heavily on the "practicality" aspect of the debtor's situation.

  9. In re Gale

    8 B.R. 960 (Bankr. D. Md. 1981)   Cited 15 times

    This requirement is frequently characterized as dictating "that the debtors' [Chapter 13] plan pay [no] less than would be received by creditors in a Chapter 7 liquidation." In Re Garcia, 6 B.R. 35, 6 B.C.D. 1212 (Bkrtcy., D.Kan. 1980). If § 1325(a)(4) is viewed in a purely objective sense, the test is simply one of evaluating whether the unsecured creditors receive the minimum amount required by § 1325(a)(4), rather than ensuring that unsecured creditors obtain the most the debtor is able to pay as might be suggested by the rule's short-hand label. See In Re Hurd, 4 B.R. 551, 2 C.B.C.2d 190 (Bkrtcy., W.D.Mich. 1980).