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.
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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