Bobby Goddard v. Michael Burnett

CourtCourt of Appeals for the Fourth Circuit
DecidedApril 28, 2026
Docket25-1303
StatusPublished

This text of Bobby Goddard v. Michael Burnett (Bobby Goddard v. Michael Burnett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobby Goddard v. Michael Burnett, (4th Cir. 2026).

Opinion

USCA4 Appeal: 25-1303 Doc: 42 Filed: 04/28/2026 Pg: 1 of 18

PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1303

BOBBY EUGENE GODDARD,

Debtor - Appellant,

v.

MICHAEL BRANDON BURNETT,

Trustee - Appellee.

----------------------------------------------------------

NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS; NATIONAL CONSUMER BANKRUPTCY RIGHTS CENTER,

Amici Supporting Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:24-cv-00368-D)

Argued: December 10, 2025 Decided: April 28, 2026

Before NIEMEYER, THACKER, and BERNER, Circuit Judges.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Thacker and Judge Berner joined. USCA4 Appeal: 25-1303 Doc: 42 Filed: 04/28/2026 Pg: 2 of 18

ARGUED: Travis P. Sasser, SASSER LAW FIRM, Cary, North Carolina, for Appellant. Michael Brandon Burnett, OFFICE OF THE CHAPTER 13 TRUSTEE, Raleigh, North Carolina, for Appellee. Richard Preston Cook, RICHARD P. COOK, PLLC, Wilmington, North Carolina, for Amici Curiae. ON BRIEF: Benjamin E. Lovell, OFFICE OF THE CHAPTER 13 TRUSTEE, Raleigh, North Carolina, for Appellee.

2 USCA4 Appeal: 25-1303 Doc: 42 Filed: 04/28/2026 Pg: 3 of 18

NIEMEYER, Circuit Judge:

Bobby Goddard, Jr., a debtor in a Chapter 13 bankruptcy proceeding, proposed a

plan by which the Trustee would pay off loans on his three luxury vehicles but would pay

unsecured creditors less than 8 cents on the dollar, thus leaving Goddard at the end of the

proceeding with ownership of the vehicles and a discharge of most of his unsecured debt.

Although his plan’s treatment of the unsecured creditors complied technically with

§ 1325(b) of the Bankruptcy Code, the bankruptcy court rejected the plan on the ground

that it was not proposed “in good faith,” as required by § 1325(a)(3). See 11 U.S.C.

§ 1325(a)(3), (b). The court concluded that Goddard’s plan was designed to enable him to

retain luxuries at the expense of unsecured creditors, such that, in proposing it, Goddard

was not making an honest effort to repay his creditors.

Contending that his compliance with § 1325(b) required the bankruptcy court to

accept his plan, Goddard appealed to the district court. The district court, however, ruled

that the bankruptcy court had “properly construed 11 U.S.C. § 1325 and permissibly

rejected Goddard’s Chapter 13 Plan . . . in which Goddard sought to retain three luxury

vehicles at the expense of his creditors.”

Because we conclude that compliance with § 1325(b) did not immunize Goddard’s

plan from the good-faith requirement of § 1325(a) and that the bankruptcy court

permissibly reviewed Goddard’s plan for good-faith compliance with the Bankruptcy Code

and its purposes, we affirm the judgment of the district court, which affirmed the order of

the bankruptcy court rejecting Goddard’s plan.

3 USCA4 Appeal: 25-1303 Doc: 42 Filed: 04/28/2026 Pg: 4 of 18

I

In September 2023, Bobby Goddard, Jr., a resident of Garner, North Carolina, filed

a Chapter 13 petition in bankruptcy, and Michael B. Burnett was appointed to serve as

Trustee. Goddard’s wife, who lived with him, did not file for bankruptcy.

At the time Goddard filed his petition, he was earning $7,167 per month from his

employment with the Department of Labor, where he was working as a Veteran Employee

Specialist. He was also receiving $2,748 per month as retirement income from the U.S.

Army and $2,353 in disability benefits from the Department of Veterans Affairs. His gross

income was thus $12,268 per month, and his take home income was $9,589. In addition,

Goddard’s wife earned $4,189 per month, taking home $2,285. Goddard’s income placed

him in the above-the-median income status for purposes of Chapter 13.

When he filed his petition, Goddard owned three luxury vehicles, which he had

purchased during the 32 months prior to filing his petition — a 2015 Chevrolet Corvette,

on which he owed $33,865 and was paying $839 per month; a 2021 GMC Sierra 1500, on

which he owed $44,811 and was paying $1,080 per month; and a 2022 Genesis G70, on

which he owed $58,930 and was paying $1,141 per month. Thus, his monthly payments

on the three vehicles totaled roughly $3,060.

In addition, Goddard also had about $84,700 in general unsecured debt, more than

$35,000 of which was attributable to four personal loans he took out between December

2021 and November 2022 — that is, around the time he purchased the three luxury

vehicles. Indeed, Goddard took out one of the loans the day before he purchased the 2022

Genesis G70.

4 USCA4 Appeal: 25-1303 Doc: 42 Filed: 04/28/2026 Pg: 5 of 18

Because Goddard was an “above-median income debtor” for purposes of Chapter

13 of the Bankruptcy Code, he qualified for the use of a statutory formula known as the

“means test” to calculate his “disposable income,” all of which, should an objection be

made, had to be used to pay unsecured creditors under his Chapter 13 plan. See 11 U.S.C.

§ 1325(b)(1)(B). To calculate disposable income under this means test, Chapter 13 debtors

are required to complete Official Form 122C-2, which directs debtors to add up certain

allowable monthly expenses and then subtract that total from their current monthly income.

Consistent with the Code, the form calls for debtors to use national and local standards to

calculate the amounts that can be deducted from income for certain types of expenses, such

as food, clothing, and utilities. It also specifies that amounts owed for secured debt can be

deducted in full from the debtor’s income. See id. §§ 1325(b)(2)–(3), 707(b)(2)(A)(iii).

Thus, when calculating his disposable income, Goddard was permitted to deduct

from his monthly income his average monthly mortgage payment of $2,543, as well as the

average monthly payments on his three car loans, which he recorded on Official Form

122C-2 as $625 per month for the 2015 Corvette, $756 per month for the 2021 GMC truck,

and $1,140 per month for the 2022 Genesis, for a total of $2,521 per month in car loan

payments. When these amounts for the payment of secured debt, together with the other

allowable expenses, were deducted from his monthly income, the result was a negative

$234. Thus, Goddard reported that he had no disposable income to pay unsecured

creditors.

After making these calculations, Goddard proposed three Chapter 13 plans for

confirmation, amending the original plan twice before the bankruptcy court rejected his

5 USCA4 Appeal: 25-1303 Doc: 42 Filed: 04/28/2026 Pg: 6 of 18

third plan. In his fourth plan, which is at issue in this appeal, he proposed a 60-month

payment period, during which he would pay directly the amount owed on his mortgage and

pay the Trustee $3,070 per month for two months and then $3,700 per month thereafter for

other debts. From those sums, the Trustee would pay $2,958 per month to the creditors on

the three vehicle loans and then several miscellaneous priority expenses, including a small

pre-petition mortgage arrearage, a claim secured by a lawnmower, a priority unsecured

claim owed to the IRS, Goddard’s base attorneys fees and reimbursement, and Trustee fees.

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Bobby Goddard v. Michael Burnett, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-goddard-v-michael-burnett-ca4-2026.