In Re Albert H. Caldwell, Debtor. James E. Hardin, James C. Hardin, and Ralph Majors, Cross-Appellants v. Albert H. Caldwell, Cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the debtor has the burden to establish that a plan should be confirmed based on the criteria in § 1325(a)
• “The party who seeks a discharge under Chapter 13 bears the burden of proving good faith” under § 1325(a).
• “Although we consider as a factor what Caldwell did to incur the judgment, it is what he has done since the judgment to avoid paying it that is most important.”
• “As the proponents of their respective plans, debtors bear the burden of proving that the requisite tests for confirmation outlined in § 1325(a) of the Code have been met.”
• express exclusion of SSI from income inhibits a court from considering the income and surplus derived from the SSI as part of the good faith analysis
• “It is not conclusively bad faith for a debtor to seek to discharge a debt incurred through his own criminal or tor-tious conduct, but that factor may be considered.”

Source: CourtListener parenthetical corpus (CC0).