- 11 U.S.C.
In re Pagan
Sep
24
2010
Ruling
Confirmation denied due to debtor's improper deduction of employer's contribution to health insurance plan.
Procedural posture
The Chapter 13 trustee objected to confirmation of the proposed plan by the debtor. At issue was whether was whether she was committing all of her projected disposable income to make payments to unsecured creditors under the plan as required by 11 U.S.C.S. § 1325(b)(1)(B) when she included her employer's portion of her health insurance premium as a living expense deduction but did not correspondingly reflect that premium payment as income.
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Court
:
- 11 U.S.C.
Coffin v. eCast Settlement Corp. (In re Coffin)
Sep
15
2010
Ruling
Bankruptcy court erred in denying confirmation of chapter 13 plan because of ownership deduction in vehicles owned free and clear by above-median debtors.
Procedural posture
Appellant debtor challenged an order issued by the U.S. Bankruptcy Court for the District of Maine, denying confirmation of his Chapter 13 plan because it included a deduction for an ownership expense on a vehicle which was neither leased nor encumbered. Appellees were an unsecured creditor and the Chapter 13 Trustee.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Cranmer
Jun
28
2010
Ruling
Social Security income was required to be included in projected disposable income calculation.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtor's plan on the grounds that the debtor could not exclude Social Security Income (SSI) from his projected disposable income (PDI) analysis.
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Court
:
- 11 U.S.C.
Hamilton v. Lanning
Jun
07
2010
Ruling
Projected disposable income calculation should be presumed correct, but may be rebutted by evidence of a substantial change in circumstances.
Procedural posture
A bankruptcy court confirmed a chapter 13 plan, considering respondent debtor's actual income for "projected disposable income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B). An appellate panel and the U.S. Court of Appeals for the Tenth Circuit affirmed, holding that evidence of a substantial change in the debtor's circumstances could be used under a forward looking approach. Certiorari was granted on petitioner trustee's petition.
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Court
: U.S. Supreme Court
- 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
:
- 11 U.S.C.
In re Tinsley
Mar
25
2010
Ruling
Debtor was required to claim mileage reimbursement from employer as income but could also claim it as proof of expenses.
Procedural posture
Debtors, including an employee, filed a chapter 13 bankruptcy petition, a reorganization plan, and an amended reorganization plan. Pursuant to 11 U.S.C.S. § 1324, a confirmation hearing was held. The trustee objected to confirmation pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Cleaver
Mar
22
2010
Ruling
Confirmation of above median debtor's plan denied due to failure to contribute all projected disposable income and improper deductions and expenses.
Procedural posture
Debtors submitted a first amended plan for confirmation. The trustee objected to the confirmation of the plan under 11 U.S.C.S. §§ 707(b)(2) and 1325(b).
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Court
:
- 11 U.S.C.
In re Martin
Mar
19
2010
Ruling
Plan confirmation denied due to above median debtors' improvident decision regarding housing expense.
Procedural posture
Debtors filed a joint chapter 13 petition for relief. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C.S. §§ 707(b)(2)(A) and 1325(b).
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Court
:
- 11 U.S.C.
Baxter v. Turner (In re Turner)
Mar
17
2010
Ruling
Confirmation denied where above median debtors' plan proposed term of less than 60 months.
Procedural posture
Bankruptcy debtors were above-median-income debtors with negative disposable income and the debtors proposed a plan which provided for monthly payments for the benefit of unsecured creditors for a period of three years. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the applicable commitment period under 11 U.S.C.S. § 1325(b)(1)(B) was at least five years.
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Court
:
- 11 U.S.C.
In re Rodger
Feb
26
2010
Ruling
Below median chapter 13 debtors required to pay disposable income for full duration of plan.
Procedural posture
The court had before it debtors' Fed. R. Civ. P. 59 Motion for Relief from Order or to Alter/Amend Order. The Motion alleged that section III.C of the court's February 5, 2010 memorandum opinion contained a manifest error of law when it explained that the below median debtors in this case had to pay their disposable income not only during the first three years of their chapter 13 plan but for the duration of the plan.
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Court
: