Candie J. Nelson

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26 1Nelson’s eligibility to be a Chapter 13 debtor is subject to objection by the trustee, who argues
that she is over the debt limits.
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
CANDIE J. NELSON, No. 05-10660
Debtor(s).
______________________________________/
Memorandum re Dismissal
_________________
Debtor Candie Nelson has proposed a Chapter 13 plan providing for payments of $50 per month
for 36 months. Asked for an offer of proof as to what would justify such small payments for the
minimum amount of time, her only response was that it was all she could afford. Based on this
representation, confirmation must be denied and this case must be dismissed.
The court has almost never confirmed Chapter 13 plans calling for such minuscule payments,
even absent other negative considerations. In this case, there are two negative considerations. First, her
debts are so high1 that dividing $1800 amongst them makes their dividend microscopic. Secondly, and
most importantly, Nelson’s discharge was denied in a prior Chapter 7 case filed less than three years
ago; all of the debts in this case were debts when that case was filed.
Section 523(a)(10) of the Bankruptcy Code provides that a debt is nondischargeable if it was
scheduled or could have been scheduled in a prior case in which the debtor was denied a discharge.
Thus, all of Nelson’s debts are nondischargeable.
Entered on Docket
June 29, 2005
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-10660 Doc# 11 Filed: 06/29/05 Entered: 06/29/05 14:43:58 Page 1 of 3

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Factors to be considered in determining if a Chapter 13 plan should be confirmed include the
amount of payments, the percentage of repayment to unsecured creditors, and whether any of the debts
are nondischargeable. In re Warren, 89 B.R. 87, 89 (9th Cir. BAP 1988). In this case, since all of the
debts are nondischargeable and both the payments and the dividend are next to nothing, the plan cannot
be confirmed.
Dated: June 29, 2005
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 05-10660 Doc# 11 Filed: 06/29/05 Entered: 06/29/05 14:43:58 Page 2 of 3

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CERTIFICATE OF MAILING
The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District of
California hereby certifies that a copy of the attached document was mailed to all parties listed below
as required by the Bankruptcy Code and Rules of Bankruptcy Procedure.
Dated: Jun 29, 2005
Candie J. Nelson
1144 Irwin Lane
Santa Rosa, CA 95401
Case: 05-10660 Doc# 11 Filed: 06/29/05 Entered: 06/29/05 14:43:58 Page 3 of 3