§ 1325(b)

In re Luedtke

Chapter 13 trustee objected to confirmation of the debtors' plan under the "disposable income" requirement of 11 U.S.C.S. § 1325(b)(1).
Ruling: 
Old vehicle expense consistent with IRS guidelines could be deducted from disposable income calculation.
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Consumer case opionion summary, case decided on June 17,2013, LexisNexis #0713-133

In re Ramos

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors which paid arrears in the amount of $1,832 which she owed to a bank, taxes she owed, and her attorney's fees in the amount of $2,750, but paid unsecured creditors approximately five percent of what they were owed. A trustee who was appointed to administer the debtor's plan filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied due to failure to provide information necessary to allow debtor to retain tax refunds.
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Consumer case opionion summary, case decided on June 04,2013, LexisNexis #0613-137

In re Carreiro

This case came on for hearing upon debtor's Motion to Approve Early Payoff of Chapter 13 Plan and Request for Fees.
Ruling: 
Early payoff of chapter 13 plan denied as unsecured creditors would not be paid in full.
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Consumer case opionion summary, case decided on May 30,2013, LexisNexis #0613-101

Branigan v. Davis (in re Davis)

Plaintiff, a chapter 13 bankruptcy trustee, challenged confirmation orders, entered by the bankruptcy court and affirmed by the United States District Court for the District of Maryland, at Greenbelt, stripping off junior liens against debtors' residences.
Ruling: 
Stripping of valueless liens is permitted in post-BAPCPA "chapter 20" cases.
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Consumer case opionion summary, case decided on May 10,2013, LexisNexis #0613-028

In re Harkins

Trustee filed objections to confirmation in three chapter 13 cases, taking the position that these self-employed debtors could not subtract their business expenses from gross receipts for the purpose of calculating current monthly income and that therefore the applicable commitment period was five years instead of three years.
Ruling: 
Self-employed debtors could not subtract business expenses from gross receipts in current monthly income calculation.
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Consumer case opionion summary, case decided on May 01,2013, LexisNexis #0513-095

In re Abisso

Chapter 13 trustee objected to confirmation of the debtor's plan.
Ruling: 
Debtor entitled to marital adjustment for non-debtor spouse's income not contributed to household expenses on regular basis.
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Consumer case opionion summary, case decided on April 17,2013, LexisNexis #0513-032

In re Carroll

Ruling: 
Confirmation denied as plan neither paid unsecured creditors in full nor paid all projected disposable income into plan over commitment period.
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Consumer case opionion summary, case decided on April 15,2013, LexisNexis #0813-136

In re Wensel

Chapter 13 bankruptcy debtors proposed a plan which provided for payment to creditors of all of the debtors' projected disposable income as required by 11 U.S.C.S. § 1325(b), including tax refunds determined by averaging the past three years tax refunds, annualizing the average, and incorporating that amount in disposable income. The bankruptcy trustee objected to confirmation of the debtors' plan.
Ruling: 
Confirmation denied due to debtor's failure to include tax refunds in projected disposable income.
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Consumer case opionion summary, case decided on April 04,2013, LexisNexis #0513-068

In re Evon

Debtors filed a motion for a declaration that their chapter 13 plan had been paid in full, even though their median income placed them in the "five-year-plan" category of 11 U.S.C.S. § 1325(b)(1)(B) and (b)(4)(A)(ii)(II) and less than three years had passed since their plan was confirmed.
Ruling: 
Debtors who paid full amount due before end of five-year term found to have completed plan.
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Consumer case opionion summary, case decided on March 21,2013, LexisNexis #0413-137

In re Belzer

Chapter 13 trustee objected to the confirmation of the debtors' chapter 13 plan.
Ruling: 
Plan confirmed with 36 month commitment period despite recent increase in income as debtors' income in six months prior to petition was below median.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-067

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