Taylor
Taylor v. Danielson (In re Taylor)
Opinion
Lead Opinion
King, J.
MEMORANDUM
This matter is before us on Appellants Lavarro Taylor and Teresa Delphine Tay *571 lor’s (“Appellants”) Appeal from Bankruptcy Court (“Appeal”). We have jurisdiction pursuant to 28 U.S.C. § 158 (a)(1). We have considered the papers filed in support of and in opposition to this Appeal and deem this matter appropriate for resolution without oral argument. L.R. 7-15. As the Parties are familiar with the facts of this case, we will repeat them only as necessary.
I.Background
On May 11, 2011, Appellants filed a voluntary petition for bankruptcy protection under Chapter 18 of the Bankruptcy Code. (Excerpts of Record (“ER”) 1). In their Chapter 13 plan (“Plan”), Appellants proposed to cure the arrearage owed on then-home mortgage. (ER 3-4). On June 29, 2011, the Bankruptcy Court held a confirmation hearing regarding Appellants’ Plan. During the hearing, the Bankruptcy Court expressed concern that the Plan “seem[ed] unfeasible on its face.” (ER 3). Nonetheless, Appellants’ attorney represented that the Plan was feasible, stating: “[Tjhere is definitely enough income over expenses to make the plan feasible. I would ask that [Appellants] be given a chance by the Court either…