- 11 U.S.C.
Dehart v. Lopatka (In re Lopatka)
Feb
17
2009
Ruling
Above median debtor with negative disposable income could propose plan with term of less than five years.
Procedural posture
Chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the above-median debtor's plan with a negative projected monthly disposable income could not be confirmed over the objection if the plan did not provide full payment of all allowed unsecured claims and was for less than five years. The court considered whether the plan duration could be set at less than five years.
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Court
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