In re Renicker

May

2006

Ruling

Trustee's motion to deny confirmation was sustained since debtors had failed to submit documentation to prove special circumstances under section 707(b)(2).

Procedural posture

Debtor husband and wife filed a chapter 13 plan proposing to pay what they determined to be all of their disposable income for 60 months. The chapter 13 trustee objected to confirmation of debtors'plan on the grounds that their disposable income was significantly higher than reported.

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Court :

Western District of Missouri ( Judge Venters ) [ Bankruptcy Court ]

opinion summary, case decided on May 15, 2006 , LexisNexis #0706-045

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11 U.S.C.

In re Walker

May

2006

Ruling

Debtors were entitled to deduct from their current monthly income the average payment on debts secured by surrendered collateral.

Procedural posture

Petitioner debtors sought to deduct from their current monthly income ("CMI") under 11 U.S.C. § 707(b)(2)(A)(iii) the payments due on their secured debts despite their surrender of the collateral, a residence and vehicle, securing those debts. Respondent trustee objected.

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Court :

Northern District of Georgia ( Judge Drake, Jr. ) [ District Court ]

opinion summary, case decided on May 01, 2006 , LexisNexis #0606-075

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11 U.S.C.

In re Hardacre

Mar

2006

Ruling

Plan confirmation was denied since the debtor had made a double deduction for mortgage and car loan expenses in calculating projected disposable income.

Procedural posture

A bankruptcy debtor proposed a chapter 13 plan that provided no return to her unsecured creditors. The trustee objected to confirmation of the plan on the ground that the debtor impermissibly deducted her mortgage and car loan expenses twice under 11 U.S.C. § 707(b)(2)(A)(i) in calculating her disposable income.

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Court :

Northern District of Texas ( Judge Nelms ) [ Bankruptcy Court ]

opinion summary, case decided on March 06, 2006 , LexisNexis #0306-073

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