§ 1325(b)

In re Swan

Creditor filed an amended objection to the confirmation of chapter 13 debtor's amended plan.
Ruling: 
Debtor entitled to claim expenses for vehicle owned outright as well as full housing expense under IRS standards and to pay projected 60 month disposable income over 36 months.
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In re Beckerle

The debtor filed for relief under chapter 13 and submitted a proposed plan. The chapter 13 trustee objected to the plan because it ran for less than five years and paid nothing to unsecured creditors.
Ruling: 
Confirmation denied where above median debtor proposed plan for less than five year term which paid nothing to unsecured creditors.
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In re Anderson

The debtor filed for relief under chapter 13. The chapter 13 trustee objected to the plan, contending that it was not proposed in good faith under 11 U.S.C. § 1325(a)(3). The trustee contended that the debtor's proposed three-year plan was too short.
Ruling: 
Three year plan could be confirmed where debtor remained below median despite increase in income.
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In re Nowlin

Debtor filed a proposed chapter 13 plan which would last 60 months. The chapter 13 trustee opposed confirmation.
Ruling: 
Monthly income applied to 401(k) loan was required to be applied to chapter 13 plan upon satisfaction of the loan.
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In re Robert

After bankruptcy debtors' chapter 13 plan was confirmed, the debtors suffered a substantial reduction in income and sought to modify their plan under 11 U.S.C. § 1329 to reduce their payments to unsecured creditors. The bankruptcy trustee objected to the proposed modification of the plan.
Ruling: 
Debtors could modify chapter 13 plan due to substantial reduction in income.
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In re Kolb

A chapter 13 matter was before the court on the trustee's objection to confirmation of debtor's proposed plan.
Ruling: 
Confirmation of above-median debtors' plan denied due to insufficient payments to unsecured creditors.
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Grant v. Mosher (In re Grant)

A trustee objected to confirmation of the debtors' proposed chapter 13 bankruptcy plans on the ground that they did not propose to pay all of their disposable income into their plans for the "applicable commitment period"of five years under 11 U.S.C. § 1325(b)(4).
Ruling: 
Confirmation denied where above-median debtors proposed to pay less than all disposable income into plans.
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In re Luton

Chapter 13 trustee filed an objection to confirmation of the plan proposed by debtor. The issue was whether the term "applicable commitment period" in 11 U.S.C. § 1325(b) referred to the required duration of a chapter 13 plan, or whether the term was the multiplier used to calculate the minimum amount the debtor must pay to unsecured creditors to obtain a discharge.
Ruling: 
Confirmation denied due to commitment period of less than three years.
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In re Edmondson

In connection with a final hearing on plan confirmation in a chapter 13 bankruptcy that was filed by above-median income debtors, the court considered whether "projected disposable income" (PDI) as described in 11 U.S.C. § 1325(b)(1)(B) was to be determined based solely on the contents of Official Bankr. Form B22C or whether it was appropriate to consider debtors'Schedules I and J in making such calculation.
Ruling: 
Above-median debtors were restricted to expenses reported on Form B22C but actual income reported on Schedule I could be considered in determining projected disposable income.
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In re Riggs

The debtors filed for relief under chapter 13, and submitted a plan that proposed to pay $290 per month to unsecured creditors. The trustee did not recommend confirmation, contending that the debtors had disposable income in the amount of $880.
Ruling: 
Confirmation denied as plan needed to rely on Schedules I and J for determination of disposable income rather than Form B22C.
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