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§ 1325(b)(4)(A)

In re Abisso

Apr
17
2013
Ruling
Debtor entitled to marital adjustment for non-debtor spouse's income not contributed to household expenses on regular basis.
Procedural posture

Chapter 13 trustee objected to confirmation of the debtor's plan.

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Consumer opinion summary, case decided on April 17, 2013 , LexisNexis #0513-032
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In re Pliler

Jan
15
2013
Ruling
Early termination clause allowing debtor to exit chapter 13 in 55 months, rather than 60, was void.
Procedural posture

Trustee objected to a chapter 13 plan proposed by a married couple who were above-median income debtors and sought dismissal on grounds that confirmation was improper given the inclusion of an early termination (ET) clause allowing debtors to exit chapter 13 in 55 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).

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Consumer opinion summary, case decided on January 15, 2013 , LexisNexis #0213-029
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In re Boyd

Jan
14
2013
Ruling
Chapter 13 plan could not provide for termination short of applicable commitment period.
Procedural posture

Trustee objected to a chapter 13 plan proposed by a below-median income debtor and sought dismissal on grounds that confirmation was improper given the inclusion therein of an early termination (ET) clause allowing debtor to exit chapter 13 in 31 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).

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Consumer opinion summary, case decided on January 14, 2013 , LexisNexis #0213-030
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In re Meade

Feb
11
2011
Ruling
Confirmation of above-median debtor's plan denied due to term of less than 60 months.
Procedural posture

Chapter 13 trustee objected to confirmation of the debtors' plan.

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Consumer opinion summary, case decided on February 11, 2011 , LexisNexis #0311-032
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In re Ariyaserbsiri

Sep
17
2008
Ruling
Below-median debtor's income had to be combined with that of non-debtor spouse in determining appropriate commitment period.
Procedural posture

A bankruptcy debtor proposed a plan which provided for payments over a period less than five years because the debtor's income was below the median income of a family similar to the debtor's family. The bankruptcy trustee objected to confirmation of the debtor's plan on the ground that the debtor's family income exceeded the median when the income of the debtor's non-filing spouse was included, and thus the five-year commitment period applied.

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Consumer opinion summary, case decided on September 17, 2008 , LexisNexis #0209-019
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Zahn v. Fink (In re Zahn)

Aug
14
2008
Ruling
Bankruptcy court erred in requiring debtor with negative disposable income to refile amended plan with a minimum commitment period of 60 months.
Procedural posture

Appellant debtor challenged an order of the United States Bankruptcy Court for the Western District of Missouri that confirmed her second amended Chapter 13 plan. The bankruptcy appellate panel previously held that the debtor had no standing to appeal and dismissed her appeal for lack of jurisdiction. The United States Court of Appeals for the Eighth Circuit held that the debtor did have standing and reversed and remanded the appeal to the panel.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 14, 2008 , LexisNexis #0908-016
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In re Borders

Apr
30
2008
Ruling
Below median debtor properly calculated income and could propose plan with three-year commitment period.
Procedural posture

A debtor filed for relief under chapter 7 of the Bankruptcy Code, and the matter was converted to a chapter 13 proceeding. The debtor submitted a proposed plan for confirmation. The trustee objected to the plan, pursuant to 11 U.S.C.S. § 1325(b)(4)(A), based on the proposed commitment period.

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Consumer opinion summary, case decided on April 30, 2008 , LexisNexis #0808-085
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