Judge Littlefield

In re Green

A bankruptcy debtor proposed a chapter 13 plan which provided for an applicable commitment period ("ACP") of three years, but the bankruptcy trustee asserted that the ACP for the above median debtor under 11 U.S.C. § 1325 was five years unless all allowed unsecured creditors were paid in full. The trustee objected to confirmation of the debtor's plan.
Ruling: 
Above median debtor with lack of current disposable income was not required to adhere to five year applicable commitment period.
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Consumer case opionion summary, case decided on August 29,2007, LexisNexis #1207-018

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