sary, to provide for full payment under the terms of the plan
7.1 Best Interest of Creditors Test In order to satisfy the “best interest of creditors test” set out in section 1325(a)(4), allowed priority and non-priority unsecured claim must receive a minimum of $0.00.
7.2 Disposable Income Test In order to satisfy the disposable income or projected disposable income test, holders of administrative expenses (including but not limited to debtor’s attorney’s fees and trustee fees), allowed priority claims, and allowed non-priority unsecured claims must receive a minimum of $30,138.
Because the proposed monthly plan payments did not add up to $30,138, the plan required Debtors to make a $25,969.20 “balloon” payment at the end of the plan period.
8. The Trustee objected to the Original Plan, arguing that the monthly payment was too low, the plan period was too short, and the plan was infeasible because it did not provide for plan payments by Debtors in an amount sufficient to satisfy the disposable income requirement.
9. Debtors’ counsel filed an amended plan on October 6, 2008 (“Amended Plan”). The Amended Plan increased: (1) the monthly payment to $294.39; (2) the plan period to 60 months; (3) the “best interest of creditors” amount to $12,500;2 and (4) the disposable income minimum payment to $36,138.3
10. The Trustee did not object to the Amended Plan, and the Trustee and/or Debtors’ counsel submitted an agreed confirmation order to the Court on or about January 19, 2009.4
11. The Court5 entered the confirmation order on January 19, 2009. Because confirmation was unopposed, in accordance with local practice the Court did not hold a hearing or conduct an independent review of the Amended Plan.
12. Since the Amended Plan provided for monthly plan payments of $294.39 for 60 months, Debtors owed an additional $18,474.60 after completing their regular monthly plan payments (the “Balloon Payment”).
13. Debtors were unaware that they would have to make the Balloon Payment at the end of the plan period.
14. Debtors believed, based on advice of counsel, that they would be “done” once they made their 60 monthly plan payments.
15. Had Debtors known they would face the Balloon Payment at the end of their 60-month plan period, they would not have agreed to the Amended Plan.
16. Debtors made their regular monthly plan payments. The last payment was made in August, 2013.
17. On March 25, 2013, the Trustee filed a Motion to Dismiss, asserting that the plan as confirmed is not feasible, and Debtors have taken no action to render the plan feasible.
2
This figure would have remained at $0, had Debtors been advised to use the federal rather than the state exemptions.
3
The court is not sure why the disposable income figure was increased from $30,138 to $36,138.
4
It is unclear why the Trustee did not renew her objection to the Amended Plan on feasibility grounds, since the basis for her feasibility objection to the Original Plan still existed.
5
At the time, Hon. James S. Starzynski was the judge assigned to the case. He subsequently retired.