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Judge Barbosa

In re Nevitt

In companion chapter 13 cases, the standing chapter 13 trustee filed motions to dismiss the plans of debtors. The issue was whether Schedule J or Form B22C should be used to calculate "projected disposable income" for the debtors, whose earnings fell below the median family income, to be determined in accordance with 11 U.S.C. § 1325(b)(2).
Ruling: 
Schedule J was to be used to calculate projected disposable income for debtors below median family income.
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In re Wiggs

The matter was before the court on the motion to dismiss and objection to confirmation brought by the standing chapter 13 trustee. The matter involved debtors who owned two vehicles but did not incur expenses for payment of a note. The trustee objected to the ownership expense for two vehicles for which they had no loan or lease. Debtors relied upon 11 U.S.C. § 1325(b) and the case implicated 11 U.S.C. § 707(b)(2)(A)(B).
Ruling: 
Objection to confirmation was sustained since plan did not provide for full payment of all unsecured debts.
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In re Demonica

The chapter 13 trustee objected to confirmation under 11 U.S.C. § 1325(b), arguing that the debtor was not using all of his disposable income to fund the chapter 13 plan. The instant matter involved the application of Form B22C (used to report and calculate current monthly income for chapter 13 debtors) in the context of confirmation of a chapter 13 plan proposed by a debtor who earned above the median family income.
Ruling: 
Confirmation objection was sustained because Schedule I had to be used to determine proper expenses to be deducted from projected disposable income.
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In re Miotto

The matter was before the court on the motion to dismiss the chapter 13 petition brought by the chapter 13 trustee for debtor's failure to comply with 11 U.S.C. § 109(h)(1). In response, debtor filed a motion to waive the counseling requirement.
Ruling: 
Debtor was denied a motion to waive the prefiling credit counseling requirement since the debtor failed to file a counseling certification and describe the circumstances of any potential exigent circumstances.
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Ostlund v. Isfan (In re Isfan)

Plaintiff, the victim of defendant debtor's misrepresentations, brought an adversary complaint against debtor, the president of a construction company, pursuant to 11 U.S.C. § 523(a)(2)(A). The matter was before the court for decision.
Ruling: 
Debt was deemed nondischargeable due to the debtor's intent to defraud.
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