- 11 U.S.C.
In re Ballew
Jan
11
2013
Ruling
Applicable commitment period only applied to debtors making payments based on positive projected disposable income.
Procedural posture
Trustee sought dismissal of numerous chapter 13 cases on claims including that some debtors had failed to contribute their projected disposable income (PDI) to pay unsecured creditors per 11 U.S.C.S. § 1325(b)(1)(B) based on claims that the presence of early termination language in some of the plans and the use of plan terms of less than 5 years in others improperly resulted in unsecured creditors receiving less than such debtor's PDI.
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Court
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