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§ 1325(b)(1)

In re Grady

Jun
21
2006
Ruling
Plan was confirmed over objections since debtors were allowed to pay projected disposable income under Schedule J.
Procedural posture

Movant bankruptcy trustee filed objections to confirmation of non-movant debtors'chapter 13 plan and requested dismissal of the debtors'case.

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opinion summary, case decided on June 21, 2006 , LexisNexis #0706-081
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In re Fuller

Jun
21
2006
Ruling
Court withheld ruling on confirmation objection until it could determine if plan committed all of debtors'disposable income calculated under Form B22C rather than Schedule I.
Procedural posture

Before the court was the chapter 13 trustee's objection to confirmation of debtors'chapter 13 plan on the basis that the plan did not commit all of debtors'disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).

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opinion summary, case decided on June 21, 2006 , LexisNexis #0806-117
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In re Wilbur

Jun
21
2006
Ruling
Court, in denying plan confirmation, held that "unsecured creditors" in section 1325(b)(1)(B) referred to non-priority unsecured creditors only.
Procedural posture

Debtors moved for confirmation of their proposed chapter 13 plan. The chapter 13 trustee filed an objection. The issue was whether the term "unsecured creditors" in 11 U.S.C. § 1325(b)(1)(B) referred to non-priority unsecured creditors only. The debtors'position was that the term "unsecured creditors," as found in section 1325(b)(1)(B) included unsecured creditors holding both priority and non-priority claims.

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opinion summary, case decided on June 21, 2006 , LexisNexis #0706-049
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Mangum v. Marshall ( In re Mangum)

May
18
2006
Ruling
Discharge was granted since creditors and trustee could not require debtor to pay more than debtor's plan required.
Procedural posture

Chapter 13 debtor filed an adversary proceeding against the standing trustee, seeking a discharge in her case and a refund of funds the trustee was holding from the sale of her residence. Debtor asserted that she had made all required plan payments and that she was thus entitled to a discharge and the return of the excess sale proceeds. The parties moved for judgment on stipulated facts.

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opinion summary, case decided on May 18, 2006 , LexisNexis #0606-135
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In re Kibbe

Apr
14
2006
Ruling
Plan was denied confirmation since debtor incorrectly calculated projected disposable income based on Official Form B22C rather than Schedules I and J.
Procedural posture

The chapter 13 trustee filed a motion to dismiss the debtor's bankruptcy case. The issue presented was whether "projected disposable income," as used in 11 U.S.C. § 1325(b)(1)(B), was determined from Official Bankr. Form B22C or whether "projected disposable income" was determined by Schedules I and J, when the debtor's "current monthly income," as defined by 11 U.S.C. § 101(10A), was significantly lower than her actual current income.

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opinion summary, case decided on April 14, 2006 , LexisNexis #0606-115
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In re Quarterman

Mar
28
2006
Ruling
Trustee's objection to proposed chapter 13 plan was overruled, but court rejected debtor's argument that only debtors with monthly income above state family income median were required to contribute disposable income to plan.
Procedural posture

The debtor filed for bankruptcy relief under chapter 13. The debtor filed a proposed plan and filed a motion for confirmation of the plan. The chapter 13 trustee objected to confirmation of the plan.

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opinion summary, case decided on March 28, 2006 , LexisNexis #0706-009
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In re Jass

Mar
22
2006
Ruling
Court held that the debtors failed to provide sufficient evidence to rebut a presumption that "disposable income" was the same as "projected disposable income" for purposes of confirming a chapter 13 plan.
Procedural posture

The debtors moved for confirmation of their proposed chapter 13 plan and the chapter 13 trustee objected. The issue was whether the term "disposable income" was the same as "projected disposable income" as used in 11 U.S.C. § 1325(b)(1)(B). The debtors contended that their "projected disposable income" would be less than their "disposable income" due to the husband debtor's health problems.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-006
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