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Nowlin v. Peake (In re Nowlin)

Nowlin v. Peake (In re Nowlin)

Ruling
Confirmation properly denied due to chapter 13 debtor's failure to devote all projected disposable income to plan.
Procedural posture

The United States District Court for the Southern District of Texas affirmed a denial of confirmation of a chapter 13 debtor's plan. Appealing, the debtor argued additional money after paying off a 401(k) loan should not have been considered because calculating "projected disposable income" under 11 U.S.C.S. § 1325(b)(1) should involve only determining current disposable income under § 1325(b)(2), and multiplying that by the plan's term.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 17, 2009 , LexisNexis #0809-057