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In re Almonte

In re Almonte

Ruling
Credit card cash advances did not need to be included in projected disposable income calculation.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).

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Consumer opinion summary, case decided on December 08, 2008 , LexisNexis #0109-063