Mello v. Wojciechowski, No. 16-6037 (8th Cir. 2017)
Annotate this CaseMello appealed the bankruptcy court's order confirming debtors' second amended plan without a hearing. The Bankruptcy Appellate Panel held that the bankruptcy court was in the best position to determine when an evidentiary hearing on the issue of good faith was necessary. The panel also held that the bankruptcy court did not err in overruling Mello's objections and confirming debtors' second amended plan.
Court Description: Nail, Author, with Kressel and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not err in affirming debtors' second amended plan without a hearing, as the bankruptcy court is in the best position to determine whether an evidentiary hearing on the issue of good faith is necessary; the bankruptcy court did not err in overruling Mello's objections to the second amended plan and confirming the plan. [ June 14, 2017
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