In re Mora
Sep
04
2009
Ruling
Confirmation denied due to over-withholding of taxes and payments to debtor's adult son which resulted in contribution of less than full disposable income to plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a plan for repaying their creditors. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to confirmation of the debtors' plan, claiming that it could not be confirmed under 11 U.S.C.S. § 1325(b) because it did not require the debtors pay all their projected disposable income to the trustee to repay debts they owed to unsecured creditors.
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Court
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