McDow v. United Refuse LLC

How courts have described this case

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

• holding, in a case discussing § 1328(b), that “[p]enalizing [the debtor] (or his heirs, if their interests can even be considered) . . . does not comport with the Bankruptcy Code's goal of giving deserving debtors a fresh start”
• weighing the relative benefits to pre-petition and post-petition creditors, the trustee, and the deceased debtor
• declining to penalize the debtor because he died and considering his interests under Rule 1016 to determine a hardship discharge was warranted
• raising but not deciding the question of whether heirs are parties in interest
• debtor died after making 59 monthly payments under confirmed 60-month plan
• waiving financial management course under the Section 109(h)(4) exception

Source: CourtListener parenthetical corpus (CC0).