
    In re Jean Whitfield PERRY, Debtor.
    Bankruptcy No. 81-00705-N.
    United States Bankruptcy Court, E. D. Virginia, Norfolk Division.
    July 8, 1981.
    Dean W. Sword, Jr., Portsmouth, Va., for debtor.
    David R. Levin, Portsmouth, Va., Chapter 13 Trustee.
   ORDER DENYING CONFIRMATION

HAL J. BONNEY, Jr., Bankruptcy Judge.

Jean Whitfield Perry, the debtor herein, has filed a Chapter 13 petition with a plan that would pay her unsecured creditors twenty-five percent [25%] of their debts.

The matter is before the Court, following a hearing, on the confirmation of the plan.

The test for confirming a Chapter 13 plan is set forth at 11 U.S.C. § 1325.

The Court denies confirmation for the following reasons.

(1) Under the plan $1,741.84 would go to unsecured creditors, yet $4,650.00 would go toward her automobile and $16,694.64 toward her home. Such payments are not substantial and meaningful. In re Charnock, 12 B.R. 691 (Bkrtcy.). This is an element of good faith. 11 U.S.C. § 1325(a)(3).

(2) In addition to the automobile referred to above, a Pontiac Sunbird, the debtor’s schedules reflect she owns a 1978 Cadillac SeVille valued at $6,000.00 and no lien appears thereon. Therefore, under the Chapter 13 plan the creditors would receive less than under a Chapter 7 liquidation and this violates 11 U.S.C. § 1325(a)(4).

Confirmation is denied.

IT IS SO ORDERED.  