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In re Arsenault

Ruling
Objection to confirmation sustained where debtors failed to include annual bonuses not received in the six months prior to filing on Form B22C.
Procedural posture

Chapter 13 trustee objected to confirmation of the above-median-income debtors'plan on the grounds that it did not commit all of the debtors'projected disposable income to be received in the applicable commitment period to be paid to unsecured creditors over the term of the plan, as required under 11 U.S.C. § 1325(b)(1)(B).

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opinion summary, case decided on July 03, 2007 , LexisNexis #0807-055

In re Mazon

Ruling
Court exercised equitable powers to surcharge debtors'non-homestead exempt property due to nondisclosure of assets.
Procedural posture

The debtors filed for relief under chapter 7 of the Bankruptcy Code. The debtors claimed real estate, three 401K accounts, and a life insurance policy as exempt property. During the proceedings, the trustee discovered that the debtors failed to disclose assets valued at approximately $615,000. The trustee sought to surcharge the debtors'exempted property.

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opinion summary, case decided on May 11, 2007 , LexisNexis #0607-122