Judge Whitley

In re Preston

The chapter 7 trustee filed an objection to exemptions claimed by the debtor and a motion for turnover as to certain amounts in the debtor's accounts.
Ruling: 
Trustee's motion for turnover granted as to money in debtor's accounts on petition date.
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Consumer case opionion summary, case decided on September 24,2009, LexisNexis #1109-053

In re Houser

The applicable commitment period mandated by 11 U.S.C.S. § 1325(b)(4) for above median debtors, which was the case, was sixty months. Since the debtors' proposed plan was shorter, and because the proposed plan did not pay unsecured creditors in full, it could not be confirmed. Based on their schedules, the debtors had monthly disposable income of $ 2,334. The debtors failed to overcome the presumption that the means test determination of disposable income was also their projected disposable income. They claimed a secured expense of $ 205.75, which was the monthly debt payment on their Starcraft camper, proposing to retain the camper and continue to make those payments to the lender. The creditor argued successfully that the camper was a luxury item that should be surrendered, and that the $205.75 of future income had to be devoted to paying unsecured creditors. Also, because the debtors' car was paid for, the court held that the debtors were not entitled to take the standard IRS table deduction for automobile expense against projected disposable income.
Ruling: 
Confirmation of above median debtors' plan denied due to 50 month commitment period rather than the required 60 months and insufficient payment to general unsecured creditors.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0909-022

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