§ 1325(b)

In re Hall

Ruling: 
Plan confirmed over trustee's objection as 401(k) payments were properly removed from projected disposable income calculation.
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Consumer case opionion summary, case decided on October 22,2013, LexisNexis #0214-031

DeHart v. Knorr (In re Knorr)

Ruling: 
Child care expense was improper but could be used for first year of plan.
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Consumer case opionion summary, case decided on October 08,2013, LexisNexis #1013-135

In re Canniff

Ruling: 
Social Security payments for benefit of debtors' child properly excluded from disposable income calculation.
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Consumer case opionion summary, case decided on September 19,2013, LexisNexis #1013-028

Danielson v. Flores (In re Flores)

Ruling: 
Duration of plan must be at least as long as the applicable commitment period.
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Consumer case opionion summary, case decided on August 29,2013, LexisNexis #0913-133

In re Carlyle

The chapter 13 trustee objected to the debtor's plan on the ground that the marital adjustments the debtor took on Lines 13 and 19 of her "Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income" means-test form were inappropriate.
Ruling: 
Payments on non-debtor husband's truck were not made for household expenses and could be deducted from income calculations.
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Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-030

In re Kramer

A chapter 13 trustee objected to confirmation of the debtors' plan on the grounds that the plan failed to direct all available projected disposable income to payment of creditors and on the grounds that they understated their projected disposable income and consequently, the plan did not satisfy the best efforts test of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Chapter 13 debtor's deduction for payments on second mortgage to be treated as unsecured had to be excluded from projected disposable income calculation.
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Consumer case opionion summary, case decided on July 12,2013, LexisNexis #0813-068

Ranta v. Gorman

Chapter 13 debtor challenged a decision of the U. S. District Court for the Eastern District of Virginia, which affirmed a bankruptcy court decision denying confirmation of the debtor's proposed chapter 13 plan.
Ruling: 
Denial of confirmation vacated due to failure to consider Social Security income in evaluation of feasibility.
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Consumer case opionion summary, case decided on July 01,2013, LexisNexis #0713-134

In re Braswell

Petitioner debtor filed an amended chapter 13 plan of reorganization. Pursuant to 11 U.S.C.S. § 1325, respondent trustee objected to confirmation of the debtor's amended plan on a number of grounds, most notably on grounds of lack of good faith and the failure to provide interest to unsecured claimants in the debtor's 100% plan. The court held a confirmation hearing and issued its ruling.
Ruling: 
Confirmation denied due to lack of accommodation for the time value of money in payment of unsecured creditors.
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Consumer case opionion summary, case decided on June 27,2013, LexisNexis #0813-101

In re Holm

A chapter 13 trustee objected to confirmation of the debtors' plan pursuant to 11 U.S.C.S. § 1325(b) on the grounds that some of the expenses claimed for the benefit of the debtors' son were not reasonable and necessary under 11 U.S.C.S. § 707(b)(2)(A)(ii)(II).
Ruling: 
Confirmation denied due to excessive expenses for debtor's business and recreation and entertainment of bi-polar adult son.
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Consumer case opionion summary, case decided on June 19,2013, LexisNexis #0713-065

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