§ 1325(b)

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

In re Churchill

Debtor moved for confirmation of his second amended plan. The chapter 13 trustee objected to confirmation of the plan, claiming that debtor understated his projected disposable income in violation of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Confirmation denied due to understatement of projected disposable income.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0713-066

In re Romero

Chapter 13 trustee objected to confirmation of the debtor's chapter 13 plan.
Ruling: 
Confirmation granted over trustee's objection as business expenses were properly deducted from current monthly income calculation.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-062

In re Pliler

Trustee objected to a chapter 13 plan proposed by a married couple who were above-median income debtors and sought dismissal on grounds that confirmation was improper given the inclusion of an early termination (ET) clause allowing debtors to exit chapter 13 in 55 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).
Ruling: 
Early termination clause allowing debtor to exit chapter 13 in 55 months, rather than 60, was void.
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Consumer case opionion summary, case decided on January 15,2013, LexisNexis #0213-029

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