11 U.S.C. § 1325; Good Faith; Feasibility
In re Roberts, 339 B.R. 807, Case No. 05-11325 (Bankr. M.D. Ga. March 17, 2006)
The creditor objected to the debtor’s plan on the grounds that it was not proposed in good faith and it was not feasible. The creditor presented several instances where the debtor failed to list debts or property, and evidence of other inaccuracies and ambiguities in the initial schedules and petition.
The court found that the case was dominated by debtor’s family issues, where relations may not be clearly defined or documented. While that did not excuse errors and omissions, the court concluded that the debtor had not abused the provisions, spirit or purpose of Chapter 13. The court also found that the errors and omissions were corrected prior, and the debtor would have gained no advantage from the inaccuracies. Therefore, the court declined to dismiss or deny confirmation for lack of good faith. As the debtor was current with payments at the time of the hearing and no evidence indicated she would be unable to fund the plan. Therefore, the creditors feasibility challenge was without merit.