- 11 U.S.C.
In re Amidon
Feb
02
2010
Ruling
Debtors could not deduct mortgage payments on home intended for surrender from monthly disposable income.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' proposed plan. The parties agreed that before the other confirmation issues could be addressed, one threshold question had to be resolved: whether, in calculating the debtors' monthly disposable income, they could deduct certain mortgage expenses on a home that they intended to surrender pursuant to 11 U.S.C.S. § 1325(a)(5)(C).
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Court
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