- 11 U.S.C.
In re James
Nov
30
2007
Ruling
Plan payments reflecting Form 22C calculation but less than actual disposable income allowed.
Procedural posture
The debtors filed an amended chapter 13 plan, and the chapter 13 trustee filed an objection to confirmation of the plan. The trustee argued that, because the plan filed by the debtors showed excess funds on schedule J of $1,986 available to pay unsecured creditors, but proposed plan payments of only $725, the plan was not filed in good faith as required by 11 U.S.C. § 1325(a)(3).
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Court
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