- 11 U.S.C.
In re Nicholas
Oct
26
2011
Ruling
Confirmation denied due to plan that effectively required unsecured creditors to subsidize debtor's retention of home and excluded SSI income from projected disposable income.
Procedural posture
The chapter 13 trustee objected to confirmation of a plan proposed by debtor, an ex-wife, based in part on debtor's intention to continue to reside in and to pay mortgages secured by a 7000 square foot residence in which she lived alone. One issue was whether the court might properly take debtor's Social Security income (SSI) into account in determining her projected disposable income (PDI) that was required to be committed to the plan.
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Court
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