The bankruptcy court must follow these Chapter
13 bankruptcy "Standards of Confirmation" .
Standards of Confirmation
Except as provided in subsection (b), the court shall confirm a
plan if
(1) the plan complies with the provisions of this chapter and
with the other applicable provisions of this title;
(2) any fee, charge, or amount required under chapter 123 of
title 28, or by the plan, to be paid before confirmation, has been paid;
(3) the plan has been proposed in good faith and not by any
means forbidden by law;
(4) the value, as of the effective date of the plan, of
property to be distributed under the plan on account of each allowed unsecured
claim is not less than the amount that would be paid on such claim if the
estate of the debtor were liquidated under chapter 7 of this title on such
date;
(5) with respect to each allowed secured claim provided for by
the plan
(A) the holder of such claim has accepted the plan;
(B)
(i) the plan provides that the holder of such claim retain
the lien securing such claim; and
(ii) the value, as of the effective date of the plan, of
property to be distributed under the plan on account of such claim is not less
than the allowed amount of such claim; or
(C) the debtor surrenders the property securing such claim to
such holder; and
(6) the debtor will be able to make all payments under the plan
and to comply with the plan. (b) (1) If the trustee or the holder of an allowed
unsecured claim objects to the confirmation of the plan, then the court may not
approve the plan unless, as of the effective date of the plan
(A) the value of the property to be distributed under the
plan on account of such claim is not less than the amount of such claim; or
(B) the plan provides that all of the debtor's projected
disposable income to be received in the three-year period beginning on the date
that the first payment is due under the plan will be applied to make payments
under the plan.
(2) For purposes of this subsection, "disposable income" means
income which is received by the debtor and which is not reasonably necessary to
be expended
(A) for the maintenance or support of the debtor or a dependent
of the debtor; and
(B) if the debtor is engaged in business, for the payment of
expenditures necessary for the continuation, preservation, and operation of
such business.
(c) After confirmation of a plan, the court may order any
entity from whom the debtor receives income to pay all or any part of such
income to the trustee.
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