- 11 U.S.C.
In re Burmeister
Nov
16
2007
Ruling
Debtors properly included "contractually due" mortgage payments on property intended for surrender in disposable income calculation.
Procedural posture
The debtors moved for confirmation of their proposed chapter 13 plan. The standing chapter 13 trustee objected, arguing that the debtors were not devoting all of their projected disposable income to the plan because their calculation of disposable income deducted mortgage payments that they had stopped making on a home that they intend to surrender. The trustee added that the amended plan therefore was not proposed in good faith.
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Court
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