- 11 U.S.C.
In re Stenstrom
Mar
25
2010
Ruling
Confirmation denied due to "phantom expenses" claimed in vehicles controlled by co-debtor.
Procedural posture
A debtor sought confirmation of her chapter 13 plan. The trustee objected, arguing the plan, which was not paying unsecured creditors in full, violated 11 U.S.C.S. § 1325(b)(1)(B), which required that all projected disposable income be paid to unsecured creditors under her plan. The trustee argued the debtor improperly claimed expenses for a motor home or a fifth wheel as a second vehicle while a co-debtor was using and paying for those vehicles.
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Court
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