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E.D. Virginia· 6/30/2010

In Re Russell

Citations

  • 458 B.R. 731
  • 2010 Bankr. LEXIS 2175
  • 2010 WL 2671496

How courts have described this case

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

  • noting that when the plan defines the terms of payment, the payments are made “under” the plan regardless of whether the payments are to be made through the Chapter 13 trustee or directly to the creditor
  • explaining how hybrid plan would negatively effect discharge exclusion for § 1322(b)(5) plan
  • denying confirmation where additional plan provisions were “emphatically not peculiar to [the] debtor and his financial circumstances but rather [sought] to substitute counsel’s vision of an appropriate uniform plan for the one adopted by the court”
  • denying confirmation where additional plan provisions were “emphatically not peculiar to [the] debtor and his financial circumstances but rather [sought] to substitute counsel’s vision of an appropriate uniform plan for the one adopted by the court”
  • “[A] bankruptcy court has an independent duty to ensure that a chapter 13 plan meets the statutory requirements for confirmation.”
  • \[A]dditions that are emphatically not peculiar to this debtor and his financial circumstances ... seek to substitute counsel's vision of an appropriate uniform plan for the one adopted by the court.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Stephen S. Mitchell

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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