§ 1325(b)

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

In re Barnes

Trustee objected to a chapter 13 plan proposed by debtor, a below-median income debtor, and sought dismissal for failure to file a plan in good faith and failure to pay required amounts for the entire "applicable commitment period" (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only plan that was not proposed in good faith.
Ruling: 
Early termination clause was void and plan could only be confirmed if providing for full applicable commitment period.
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Consumer case opionion summary, case decided on January 15,2013, LexisNexis #0213-024

In re Tedder

Trustee objected to a chapter 13 plan proposed by debtors and sought dismissal of the case for failure to file a plan in good faith and failure to pay required amounts for the entirety of the applicable commitment period (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only scheme that was not proposed in good faith.
Ruling: 
Early termination provision was void but plan could otherwise be properly confirmed.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-025

In re Boyd

Trustee objected to a chapter 13 plan proposed by a below-median income debtor and sought dismissal on grounds that confirmation was improper given the inclusion therein of an early termination (ET) clause allowing debtor to exit chapter 13 in 31 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: 
Chapter 13 plan could not provide for termination short of applicable commitment period.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-030

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