You know that nothing good can come from an opinion which
begins like this:
This is a case about an affluent debtor who sought to
manipulate bankruptcy procedures to accomplish what the Code prohibits--the
elimination of all of her credit card debts despite her obvious ability to
repay those debts over time. The debtor, Diane Davis, obtained confirmation of
a plan in which she proposed to pay her credit card debts in full. The debtor
subsequently objected to every claim filed by her creditors based on their
alleged failure to attach sufficient documents to their proofs of claim. The
debtor withdrew several objections after the creditors responded. The Court has
before it the debtor's request for a default order sustaining the remaining
In re Diane Davis,
No. 09-42865 (Bankr. E. D. Tex.3/31/11). p. 1. You can find the opinion here.
The Davis case is one of a debtor who tried to
follow the letter but not the spirit of the law. The debtor was an above median
income debtor who would not qualify for relief under chapter 7. She filed under
chapter 13 but tried to avoid paying any of her unsecured debts. She scheduled
all of her unsecured debts as disputed and then objected to every claim filed.
If the creditor responded, she withdrew her objection. Since most of the
creditors did not respond, she thought that she was home free. However, the
court had other ideas.
Read the entire article at A Texas
Bankruptcy Lawyer's Blog
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