In Re: DAVID C. WELSH and SHARON N. WELSH

Good Law
711 F.3d 1120·2013 WL 1192961
United States Court of Appeals for the Ninth CircuitMarch 25, 201312-60009California6,567 words

Opinion

Opinion

Ripple, J.

David and Sharon Welsh filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the District of Montana. The Trustee objected to the Welshes’ proposed plan on the ground that it was not proposed in good faith. The bankruptcy court overruled the objection, and the Trustee appealed to the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”). A divided panel of the BAP affirmed the decision of the bankruptcy court. Again the Trastee appealed, and we now affirm.

BACKGROUND

The Welshes filed a voluntary Chapter 13 petition on May 27, 2010. Their required schedules revealed the following assets: a home in Missoula, Montana, valued at $400,000, encumbered by a secured claim of $330,593.66; a Ford F-250 valued at $10,000, encumbered by a secured claim of $18,959; a 2006 Subaru Outback valued at of $9,500, encumbered by a secured claim of $12,211; a 2005 Toyota Matrix valued at $2,200, encumbered by a secured claim of $1,996; a 2005 Airstream trailer valued at $23,000, encumbered by a secured claim of $39,000; and two 2007 Honda ATVs each valued at $2,700, encumbered by secured claims of $3,065 and $4,500. In addition to their secured debts, the…

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