TD Bank, N.A. v. Burkhalter, No. 1:12 cv 099, 2013 U.S. Dist. LEXIS 24485 (W.D. N.C. Feb. 21, 2013)

(debtor filed Chapter 12 and plaintiff objected to plan confirmation on basis that plan was not feasible, did not provide plaintiff with as much as plaintiff would receive under liquidation and was not fair and equitable to plaintiff; bankruptcy court determined that debtor's plan did project that all disposable income under the plan would be applied to payments, and confirmed plan; plaintiff claims on appeal that record insufficient to support such finding and debtor claims no proper objection made before bankruptcy court; on appeal, court determined that plaintiff's objection sufficient to put debtor on notice that debtor had to demonstrate compliance with 11 U.S.C. Sec. 1225(b)(1) that plan was fair and equitable to debtor; bankruptcy court record insufficient to explain $15,500 discrepancy in disposable income; bankruptcy court's order confirming plan reversed and case remanded).