§ 1325(b)

In re Goins

The debtors filed for relief under chapter 13. The chapter 13 trustee objected to confirmation of the debtors'plan, pursuant to 11 U.S.C. § 1325(b)(1), claiming that the debtors were not paying all of their projected disposable income under the proposed plan.
Ruling: 
Above median debtors'plan denied due to inclusion of college tuition and living expenses for daughter who was over age eighteen.
ABI Membership is required to access the full summary of In re Goins. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Fleishman

Chapter 13 debtors sought a determination as to whether the debtors'unborn child was a member of their household for purposes of calculating the applicable commitment period under 11 U.S.C. § 1325(b)(4).
Ruling: 
Debtor's unborn child did not count as member of the household for purposes of calculating applicable commitment period.
ABI Membership is required to access the full summary of In re Fleishman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Storey

The chapter 13 trustee filed a motion to modify the debtors'chapter 13 plan. The trustee asserted that based on the claims filed, the projected length was less than the applicable commitment period required by 11 U.S.C. § 1325(b), and raising the dividend to 50 percent would cause the plan to meet the applicable commitment period.
Ruling: 
Debtors bound by applicable commitment period of 60 months which was a temporal rather than monetary requirement.
ABI Membership is required to access the full summary of In re Storey. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Nodora

A chapter 13 trustee objected to the confirmation of the plan of an above- median income debtor. The debtor proposed to pay a student loan claim directly and to deduct that payment in calculating disposable income under 11 U.S.C. § 1325(b)(3).
Ruling: 
Deduction of direct student loan payment from calculation of disposable income did not impact distribution to unsecured creditors and was allowed.
ABI Membership is required to access the full summary of In re Nodora. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 17,2007, LexisNexis #1007-057

In re Nance

In each of the debtors'cases, the chapter 13 trustee objected to confirmation on the grounds that the proposed plan failed to use the proper methodology to calculate "projected disposable income" and/or failed to provide for payment of all of debtors'disposable income for a period of five years.
Ruling: 
Above-median debtor required to propose five-year plan unless unsecured creditors were paid in full.
ABI Membership is required to access the full summary of In re Nance. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Arnold

Chapter 13 trustee objected to the debtors'three-year, zero percent plan.
Ruling: 
Form 22C, allowing deduction of business expenses in determining "cuurent income" is erroneous.
ABI Membership is required to access the full summary of In re Arnold. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 03,2007, LexisNexis #1107-092

In re Arsenault

Chapter 13 trustee objected to confirmation of the above-median-income debtors'plan on the grounds that it did not commit all of the debtors'projected disposable income to be received in the applicable commitment period to be paid to unsecured creditors over the term of the plan, as required under 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Objection to confirmation sustained where debtors failed to include annual bonuses not received in the six months prior to filing on Form B22C.
ABI Membership is required to access the full summary of In re Arsenault. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Meek

The chapter 13 trustee filed objections to confirmation of the above median income debtors'proposed plan, raising issues of debtors'failure to either pay unsecured creditors in full or to pay their "projected disposable income," under 11 U.S.C. § 1325(b)(1)(B), given the discrepancy between the calculations of net monthly amounts shown on Form 22C and on Schedules I and J.
Ruling: 
Confirmation denied due to excess housing expense claimed by above-median debtors.
ABI Membership is required to access the full summary of In re Meek. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Berger

Creditor, the holder of claims exceeding $21,000 in unsecured debt, filed an objection to the confirmation of debtors' chapter 13 plan, asserting that the plan failed to propose payment of all debtors' disposable income to unsecured creditors. Debtors argued that their plan complied with the preferred interpretation of projected disposable income as calculated under 11 U.S.C. § 1325(b).
Ruling: 
Projected disposable income is properly determined by disposable income calculation on Form B22C.
ABI Membership is required to access the full summary of In re Berger. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re McGillis

Debtors moved to confirm their chapter 13 plan over the chapter 13 trustee's objection. The chapter 13 trustee objected because the debtors allegedly were not committing to their unsecured creditors all of their disposable income as required by 11 U.S.C. § 1325(b). The chapter 13 trustee also asserts that the debtors'plan was not proposed in good faith.
Ruling: 
Confirmation denied due to improper calculation of disposable income.
ABI Membership is required to access the full summary of In re McGillis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 1325(b)