Citation Codes Equivalent Citations citation codes Docket Number Bankruptcy No. 8000585. Attorney(S) Alfred J. Gemma, Providence, R.I., for debtors. Randall White, DeSano Thibodeau, Providence, R.I., for Rhode Island Higher Education Assistance Authority. John Boyajian, Boyajian Coleman, Providence, R.I., trustee. Acts Bankruptcy — Adjustment Of Debts Of An Individual With Regular Income — The Plan — Confirmation Of Plan See more information ... Smart Summary Please sign up to generate summary. In re Lawrence and Kathleen MARSCH, Debtors. DECISION DENYING CONFIRMATION ARTHUR N. VOTOLATO, JR., Bankruptcy Judge. The Debtors seek confirmation of their Chapter 13 payment plan which provides for the discharge of education loans accruing within the past five years. The Trustee and the Rhode Island Higher Education Assistance Authority have objected to confirmation of the plan. The total unsecured indebtedness of Lawrence and Kathleen Marsch is $6,744.52, of which $4,489.42 is an education loan. The Marsches have a combined take-home pay of $980.00 per month. Their plan calls for thirty-six (36) monthly payments of $45.00, with unsecured creditors to receive twenty-five percent (25%) of their claims. This case would be a zero percent (0%) Chapter 7. This amount does not include an automobile loan paid by a codebtor. Because approximately two-thirds of the unsecured indebtedness is comprised of debts that would be nondischargeable in Chapter 7, the Court finds a twenty-five percent (25%) dividend to unsecured creditors as not proposed in "good faith" as required by Bankruptcy Code § 1325(a)(3); 11 U.S.C. § 1325(a)(3). In re Ponanski, BK No. 8000941 (D.R.I. June 10, 1981). Confirmation is denied.