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· 9/19/1989

In Re Schleppi

Citations

  • 103 B.R. 901
  • 1989 Bankr. LEXIS 1599
  • 1989 WL 109055

How courts have described this case

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

  • stating that “unsubstantiated and conclusory statements” are generally insufficient for a debtor to meet its burden of persuasion
  • stating that the debtor’s failure to meet the third prong of Section 1328(b) was alone “fatal” to the motion
  • stating that “[c]ourts confronted with a request for a hardship discharge typically have limited its application to catastrophic circumstances”
  • finding that the debtor’s failure to satisfy Section 1328(b)(3) was “standing alone, fatal to the motion”
  • noting that “hardship discharge” requires “catastrophic circumstances” under § 1328(b)
  • “The best interests test under section 1328(b)(2) is essentially the same as that required for the confirmation of a plan under section 1325(d)(4), except that their temporal perspectives differ.” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.