Mendez v. Harwood (In re Harwood)

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 10 months ago

Citation:

9th Cir. BAP No. NC-15-1055-DTaKu (April 8, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.

Procedural context:

Creditor appealed from bankruptcy court order overruling his objections to the Debtor's Chapter 13 Plan, and confirming the Plan. The BAP affirmed the bankruptcy court ruling.

Facts:

Creditor was in prison and sought the assistance of the Debtor, an attorney, to set aside his criminal conviction. Creditor paid a total of $18,000 but apparently the Debtor attorney did little in the way of services. Creditor obtained a default judgment in state court for over $26,000. Debtor filed a Chapter 13 petition, proposing to make partial payment on account of unsecured debts. Creditor did not file a non-dischargeability complaint. Instead, the Creditor only objected to the Plan, based upon bad faith and related objections. As a result, the Creditor lost its ability to allege that it held a nondischargeable debt, which can be a factor in the good faith analysis.

Judge(s):

DUNN, TAYLOR and KURTZ, Bankruptcy Judges.

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