In Re Rimgale

How courts have described this case

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

• describing Congress’s idealized Chapter 13 case as one where “the debtor, given time and relief from harassment, is able to pay all or most of his debts”
• listing good faith factors bankruptcy court must use on remand in considering whether to confirm Chapter 13 plan proposing to pay approximately 11% of fraud judgment that was not dischargeable under Chapter 7
• good faith cannot be defined as “the absence of any conduct that would traditionally have barred discharge, without rendering Chapter 13’s discharge provisions nugatory.”
• not citing Goeb with approval, but rejecting a rule of bad faith per se where payments to unsecured creditors are only nominal
• “Broadly speaking, the basic inquiry should be whether or not under case circumstances there has been abuse of Chapter 13’s provisions, purpose, or spirit.”
• “The courts retain discretion to prevent [abuse of Chapter 13].... [and] should be mindful ... that the unsecured creditors must rely on the court to give meaning to the congressional intent that they receive substantial payments.”

Source: CourtListener parenthetical corpus (CC0).