- 11 U.S.C.
In re Richardson
Jan
08
2009
Ruling
Clear commercial intent expressed in plain language of code allowed debtor to deduct payments secured by property intended for surrender.
Procedural posture
The chapter 13 Trustee filed an objection to confirmation of the debtors' proposed chapter 13 plan. The Trustee contended that the debtors, who had above-median income, were not permitted to deduct secured debt payments on property that was being surrendered. Thus, the Trustee contended that the plan failed the projected disposable income requirement of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
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