In Re Edwin R. Smith, Debtor-Appellee. Appeal of Jerry Watson

How courts have described this case

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

• holding that, in analyzing whether a plan is proposed in good faith as required by Section 1325(a)(3
• stating that the Seventh Circuit has provided several factors to consider for “totality of the circumstances” in chapter 13 cases, In re Rimgale, 669 F.2d 426, 432 (7th Cir. 1982)
• disregarding prepetition misconduct where “a good faith effort by the debtor to satisfy his creditor’s claims” could be determined
• “[S]imply availing oneself of the more liberal provisions ... is not sufficient to constitute bad faith.”
• “A bankruptcy court’s determination that a plan was filed in good faith is a factual finding; therefore, we shall reverse only if the court’s finding was clearly erroneous.”

Source: CourtListener parenthetical corpus (CC0).