§ 1325(b)

In re Brumm

Chapter 13 debtor filed a motion to refinance his principal residence and payoff his confirmed chapter 13 plan early. The chapter 13 trustee objected to the motion, unless the debtor was required to modify the plan's dividend to unsecured creditors from 0 percent to 100 percent.
Ruling: 
Debtor allowed to refinance appreciated property to payoff plan early without modification.
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In re Pattison

Movant chapter 13 trustee objected to confirmation of respondent debtor's plan.
Ruling: 
Court sustained trustee's confirmation objection since debtor had more monthly income available as disposable income.
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In re Alexander

The chapter 13 trustee filed motions to confirm the chapter 13 plans in several cases. The debtors in these cases all objected because the trustee had not included language in the plans that allowed the possibility of early termination. The trustee contended that the applicable commitment period was a period of either three or five years depending upon a debtor's current monthly income.
Ruling: 
Court deemed plans confirmable if projected disposable income was calculated under section 1325(b)(2)'s new disposable income definition and that amount, if any, was committed to pay unsecured creditors for applicable commitment period.
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In re Fuger

The matter before the court was the continued hearing on confirmation of the debtors'proposed chapter 13 plan. Specifically, the court was called upon to determine whether the "applicable commitment period"in 11 U.S.C. § 1325(b)(1)(B) was a monetary or temporal requirement.
Ruling: 
Trustee's objection to confirmation was denied and section 1325(b)(1)(B)'s "applicable commitment period" language was interpreted as serving as both temporal and monetary requirement.
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In re Barrantes

Debtor filed a voluntary petition under chapter 13. Concurrently with the filing of the petition, debtor submitted a proposed chapter 13 plan. Creditor filed objections to confirmation of the plan.
Ruling: 
Creditor's objection to plan confirmation was overruled since proposed plan properly applied all of debtor's projected disposable income.
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In re Lara

Chapter 13 bankruptcy debtors, a husband and wife, sought confirmation of their proposed chapter 13 plan of reorganization. The bankruptcy trustee objected to confirmation of the plan on the grounds that the plan failed to satisfy the disposable income test of 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Plan was not confirmed since debtors needed to reduce certain expense allowances.
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In re Dew

The chapter 13 trustee filed an objection to confirmation with respect to four proposed plans filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, asserting that either the length of the payments or the amount of the payments under the plan were insufficient under 11 U.S.C. § 1325 and related statutory provisions.
Ruling: 
Trustee's objections to chapter 13 plans, including that plans did not provide for general unsecured creditors, were sustained.
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In re Grady

Movant bankruptcy trustee filed objections to confirmation of non-movant debtors'chapter 13 plan and requested dismissal of the debtors'case.
Ruling: 
Plan was confirmed over objections since debtors were allowed to pay projected disposable income under Schedule J.
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In re Fuller

Before the court was the chapter 13 trustee's objection to confirmation of debtors'chapter 13 plan on the basis that the plan did not commit all of debtors'disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Court withheld ruling on confirmation objection until it could determine if plan committed all of debtors'disposable income calculated under Form B22C rather than Schedule I.
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In re Wilbur

Debtors moved for confirmation of their proposed chapter 13 plan. The chapter 13 trustee filed an objection. The issue was whether the term "unsecured creditors" in 11 U.S.C. § 1325(b)(1)(B) referred to non-priority unsecured creditors only. The debtors'position was that the term "unsecured creditors," as found in section 1325(b)(1)(B) included unsecured creditors holding both priority and non-priority claims.
Ruling: 
Court, in denying plan confirmation, held that "unsecured creditors" in section 1325(b)(1)(B) referred to non-priority unsecured creditors only.
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