In re Cherry, ___F.3d ___ (7th Cir. July 6, 2020, appeal number 19-1534)
US Court of Appeals for the Seventh Circuit Requires the Bankruptcy Court to Make Specific Findings for why the Bankruptcy Court is confirming a Chapter 13 plan that contains a plan provision that is expressly allowed by 11 USC 1322(b)—the Bankruptcy Code Section that lists what provisions a Chapter 13 plan may contain. This is a poorly reasoned decision, which, happily, is not what the US Court of Appeals for our Circuit, the 9th Circuit, or the 9th Circuit BAP, or bankruptcy courts in the 9th Circuit, require. There is nothing in 11 USC 1322(b) that would require a Bankruptcy Court to make findings that putting a provision in a Chapter 13 plan, that 11 USC 1322(b) expressly allows to be put in a Chapter 13 plan, is allowed to be put in a Chapter 13 plan. Hopefully the Ninth Circuit will not follow this Seventh Circuit decision.