- 11 U.S.C.
In re Hoss
Aug
20
2008
Ruling
Above-median debtors intending to retain collateral can deduct only amounts likely to be paid to secured creditors under plan.
Procedural posture
In two cases, the trustees objected to confirmation of chapter 13 plans because debtors had proposed to deduct as expenses, on Line 47 of Official Bankr. Form B22C, secured debt payment amounts on original, unmodified contracts despite the fact that the actual sums to be paid on the subject debts was being reduced by cram-down or strip-off. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(1)(B) and 11 U.S.C.S. § 707(b)(2)(A)(iii).
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Court
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