§ 1325(b)

In re Frederickson

Debtor's chapter 13 plan, proposed for a 48-month period, asserted that, according to Form 22C, the debtor was not required to make any payments to his unsecured creditors under the plan, for lack of any disposable income under 11 U.S.C. § 1325(b)(3). The trustee in bankruptcy objected, arguing that the plan must provide for payments over a 60-month period under 11 U.S.C. § 1325(b)(4)(B).
Ruling: 
Forty-eight-month plan approved for above-median debtor who had no disposable income and was not required to make payments to unsecured creditors.
ABI Membership is required to access the full summary of In re Frederickson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lanning

The chapter 13 trustee objected to confirmation of the plans in two bankruptcy cases on the basis that the plans failed to provide that all of the above-median income debtors' projected disposable income to be received in the applicable commitment period would be applied to make payments to unsecured creditors under the plan as required by 11 U.S.C. § 1325.
Ruling: 
Debtors bound by calculation of projected disposable income on Form B22C absent showing of substantial change in circumstances.
ABI Membership is required to access the full summary of In re Lanning. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Pohl

The chapter 13 trustee objected to the confirmation of the below-median income debtors'plan on the basis that the plan failed to extend at least 36 months or, alternatively, to pay all unsecured creditors in full, as required under 11 U.S.C. § 1325(b)(4).
Ruling: 
Confirmation of below-median debtors'plan denied due to failure to extend for 36 months.
ABI Membership is required to access the full summary of In re Pohl. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Breeding

The chapter 13 trustee objected to confirmation of the debtors'plan, on the basis that the plan improperly treated two certificates of deposit and improperly proposed to pay a creditor outside the plan.
Ruling: 
Redemption of prepetition certificates of deposit did not generate disposable income.
ABI Membership is required to access the full summary of In re Breeding. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Mullen

The court conducted a hearing on the objections of the chapter 13 trustee to confirmation of the above-median income debtors'plan.
Ruling: 
Confirmation denied where above-median debtors'plan was for less than five years and did not provide for payment of all allowed unsecured claims in full.
ABI Membership is required to access the full summary of In re Mullen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Martin

Debtors sought confirmation of their proposed chapter 13 plan. The bankruptcy trustee objected to confirmation, arguing that the debtors were not entitled to deduct monthly payments of $302 to a creditor secured by the debtors'luxury boat, on which they owed a balance of $21,350, in calculating their monthly disposable income on Form B22C under 11 U.S.C. § 707(b)(2). The court also considered whether the plan was proposed in good faith.
Ruling: 
Chapter 13 plan confirmation denied as debtor's intent to retain luxury boat was indicative of bad faith.
ABI Membership is required to access the full summary of In re Martin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lynch

Chapter 13 trustee objected to confirmation of the above-median income debtor's plan on the grounds that the plan did not comply with the requirement of 11 U.S.C. § 1325(b)(1)(B) that all of a debtor's disposable income be committed to the funding of a chapter 13 plan.
Ruling: 
Debtor could deduct ownership expense on Form B22C for vehicle owned free and clear.
ABI Membership is required to access the full summary of In re Lynch. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Foster

A debtor filed a petition for relief under chapter 13, and a plan for repaying his creditors. The chapter 13 trustee filed an objection to the plan.
Ruling: 
Court considered both future and historic finances of debtor in determining projected disposable income.
ABI Membership is required to access the full summary of In re Foster. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Mathis

The debtors moved for confirmation of their chapter 13 plan, which required plan payments for three years. The chapter 13 trustee objected to confirmation because the debtors'income was "over-the-median" for their state but their proposed plan would not have lasted for the five- year commitment period that she argued was mandatory under 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Above-median debtors' plan with three year commitment period confirmed as five year standard serves as multiplier rather than temporal requirement.
ABI Membership is required to access the full summary of In re Mathis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Knippers

The debtor filed for relief under chapter 13. The debtor submitted a proposed plan, and sought confirmation of the plan. The chapter 13 trustee objected to the plan, contending that it did not comply with the requirements of 11 U.S.C. § 1325(b).
Ruling: 
Confirmation denied for failure to direct all projected disposable income into the plan.
ABI Membership is required to access the full summary of In re Knippers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 1325(b)