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In re Jass

In re Jass

Ruling
Court held that the debtors failed to provide sufficient evidence to rebut a presumption that "disposable income" was the same as "projected disposable income" for purposes of confirming a chapter 13 plan.
Procedural posture

The debtors moved for confirmation of their proposed chapter 13 plan and the chapter 13 trustee objected. The issue was whether the term "disposable income" was the same as "projected disposable income" as used in 11 U.S.C. § 1325(b)(1)(B). The debtors contended that their "projected disposable income" would be less than their "disposable income" due to the husband debtor's health problems.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-006