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MATTER OF FAUST

Bankruptcy Nos. BK80-114, BK80-2402, BK80-2739 and BK80-2013.

12 B.R. 679 (1981)

In the Matter of James Russell FAUST and Catherine Mary Faust. In re Alan Laverne SAATHOFF and Diane Mae Saathoff. In re Clestus Parmalee VAUGHAN, Jr., and Euvondia Lynn Vaughan. In re Dennis E. ZUREK and Elaine K. Zurek, Debtors.

United States Bankruptcy Court, D. Nebraska.

April 29, 1981.

Attorney(s) appearing for the Case

Jeanette H. Rasmussen, John D. Rouse, Lincoln, Neb., for Fausts.

Clay B. Statmore, Lincoln, Neb., for Saathoffs and Vaughans.

Michael A. Nelsen, Omaha, Neb., for Zureks.

Kenneth E. Shreves, Omaha, Neb., Trustee.

MEMORANDUM

DAVID L. CRAWFORD, Bankruptcy Judge.

The issue before this Court is whether Chapter 13 plans proposing no payment to unsecured creditors meet the § 1325(a)(3) requirement of good faith where the debtors desire to pay secured creditors under their plans.

Recently, the Eighth Circuit ruled on the validity of a no-payment Chapter 13 plan. In re Terry, 630 F.2d 634 (8th Cir. 1980). In that case...

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