§ 1325(b)

In re Paliev

Chapter 13 trustee objected to confirmation of the debtor's amended chapter 13 plan on the grounds of lack of good faith under 11 U.S.C.S. § 1325(a)(3) and failure to meet the disposable income test under § 1325(b)(1)(B). The trustee also moved to dismiss the bankruptcy case on the grounds of lack of good faith and unreasonable delay that was prejudicial to creditors pursuant to 11 U.S.C.S. § 1307(c)(1).
Ruling: 
Confirmation denied due to failure to meet disposable income test.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-100

In re Alexander

Within days before filing their bankruptcy petition, bankruptcy debtors obtained a relatively small loan secured by the debtors' vehicle, and the debtors claimed a vehicle expense deduction based on the loan which reduced their disposable income to zero. The bankruptcy trustee moved to deny confirmation of the debtors' plan which proposed to pay nothing to unsecured creditors.
Ruling: 
Confirmation denied due to improper vehicle ownership expense and lack of good faith.
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Consumer case opionion summary, case decided on August 01,2012, LexisNexis #0812-097

In re Murchek

Chapter 13 trustee objected to debtor's chapter 13 plan.
Ruling: 
Plan confirmation denied due to failure to include future tax refunds as projected disposable income.
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Consumer case opionion summary, case decided on July 17,2012, LexisNexis #0812-033

Johnson v. Zimmer

Debtor filed a voluntary petition for chapter 13 bankruptcy. The United States Bankruptcy Court for the Eastern District of North Carolina, at Raleigh denied debtor's motion for confirmation with leave to amend debtor's disposable income calculation and plan to reflect the household size of five and certified the issue of the determination of the household size for direct interlocutory appeal.
Ruling: 
"Economic unit" method properly applied to determine household size with regard to plan.
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Consumer case opionion summary, case decided on July 11,2012, LexisNexis #0812-032

In re Kubeczko

Debtor filed a proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation of the plan because the debtor treated his education loan debt as a long-term debt under 11 U.S.C.S. § 1325(b)(5), and such treatment unfairly discriminated against other creditors in violation of 11 U.S.C.S. § 1325(b)(1).
Ruling: 
Debtor's student loan debt, incurred for child, could not be treated as long term debt due to unfair discrimination against general unsecured creditors.
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Consumer case opionion summary, case decided on July 06,2012, LexisNexis #0912-066

In re Reedy

This matter came before the court for a telephonic hearing on confirmation of debtor's chapter 13 plan and the standing chapter 13 trustee's objection.
Ruling: 
Confirmation denied due to excessive transportation deduction, resulting in payment of less than all projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-095

In re Konowicz

This matter came before the court on a confirmation hearing filed by debtor with respect to debtor's proposed chapter 13 Plan. A creditor filed an Objection to Confirmation.
Ruling: 
Confirmation denied due to excessive living expenses and insufficient distribution to general unsecured creditors.
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Consumer case opionion summary, case decided on May 17,2012, LexisNexis #0612-105

In re Warden

The chapter 13 trustee objected to confirmation of debtor's plan on the grounds that debtor failed to dedicate all projected disposable income to pay unsecured creditors as 11 U.S.C.S. § 1325(b)(1)(B) required.
Ruling: 
Claimed expenses for two older non-luxury vehicles were not grounds for denial of confirmation.
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Consumer case opionion summary, case decided on April 23,2012, LexisNexis #0512-066

In re Zeigafuse

Debtors, a husband and wife, filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A trustee filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied due to questions regarding income, unreasonable payments and discrimination in favor of student loan creditor.
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Consumer case opionion summary, case decided on April 05,2012, LexisNexis #0512-065

In re Hernandez

The chapter 13 trustee objected to confirmation of an amended plan proposed by a chapter 13 debtor, challenging both the date on which debtor proposed to determine the applicable commitment period and the extent to which post-petition and pre-confirmation changes in household size affected that calculation. At issue was the import, on these issues, of 11 U.S.C.S. § 1325.
Ruling: 
Plan commitment period is to be established based on facts existing on the date of confirmation.
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Consumer case opionion summary, case decided on March 23,2012, LexisNexis #0412-102

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