- 11 U.S.C.
In re Cram
Apr
24
2009
Ruling
Although withdrawal from 401(k) was properly excluded from current monthly income calculation, confirmation was denied for failure to commit other income to plan.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. A trustee objected to the plan under 11 U.S.C.S. § 1325(b)(1)(B), because the debtors did not include a distribution they received from their 401(k) account when the calculated their current monthly income (CMI).
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Court
:
- 11 U.S.C.
In re Greaves
Mar
17
2009
Ruling
Confirmation denied due to debtor's ability to earn substantially more income than devoted to plan.
Procedural posture
The debtors sought confirmation of a chapter 13 plan. The chapter 13 trustee objected to confirmation on the basis that the debtor's plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3). The bankruptcy court held a hearing on the objection.
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Court
:
- 11 U.S.C.
In re Kucera
Mar
12
2009
Ruling
Debtor could not deduct monthly payments under avoidable judicial lien from projected disposable income.
Procedural posture
A debtor filed for relief under chapter 13 and submitted a proposed Chapter 13 plan. A trustee objected to confirmation of the plan under 11 U.S.C.S. § 1325(b)(1), contending that the debtor was not applying all of her projected disposable income to the plan.
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Court
:
- 11 U.S.C.
In re Baker
Jan
30
2009
Ruling
40-month commitment period was appropriate for below-median debtor.
Procedural posture
A trustee filed a motion to dismiss the debtors' chapter 13 case, pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Bermann
Jan
16
2009
Ruling
Chapter 13 debtor could deduct projected taxes and insurance costs even though not required as an escrow payment.
Procedural posture
A debtor filed for relief under chapter 13, and filed an amended plan. A chapter 13 trustee objected to confirmation of the debtor's amended plan, pursuant to 11 U.S.C.S. § 1325(b)(1).
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Court
:
- 11 U.S.C.
In re Richardson
Jan
08
2009
Ruling
Clear commercial intent expressed in plain language of code allowed debtor to deduct payments secured by property intended for surrender.
Procedural posture
The chapter 13 Trustee filed an objection to confirmation of the debtors' proposed chapter 13 plan. The Trustee contended that the debtors, who had above-median income, were not permitted to deduct secured debt payments on property that was being surrendered. Thus, the Trustee contended that the plan failed the projected disposable income requirement of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Michaud
Dec
30
2008
Ruling
Confirmation denied due to debtor's failure to devote income tax refund to plan.
Procedural posture
In three chapter 13 cases, the trustee objected to confirmation of the debtors'chapter 13 plans on the grounds that the debtors were not using all of their disposable income to fund their chapter 13 plans, as required by 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Almonte
Dec
08
2008
Ruling
Credit card cash advances did not need to be included in projected disposable income calculation.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).
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Court
:
- 11 U.S.C.
Hamilton v. Lannging (In re Lannging)
Nov
13
2008
Ruling
Calculation of projected disposable income adjusting for future lower income was proper.
Procedural posture
Appellant bankruptcy trustee objected to a bankruptcy debtor's proposed plan which calculated projected disposable income under 11 U.S.C.S. § 1325(b)(1)(B) based on expected future income rather than historical income. The trustee appealed the judgment of the Bankruptcy Appellate Panel for the Tenth Circuit which affirmed confirmation of the debtor's plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Royal
Nov
07
2008
Ruling
Confirmation denied where trustee rebutted presumption of accuracy of projected disposable income showing debtor was not committing sufficient income to plan.
Procedural posture
This matter came before the court on the objection to claim of exemption filed by the chapter 13 trustee, objecting to debtor's claimed exemption in her anticipated earned income tax credit. The trustee also raised an oral objection to confirmation of debtor's plan on the grounds that by excluding future earned income tax credits, debtor was not committing all projected disposable income to her plan.
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Court
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