Judge Saladino

In re Mitchell

The debtor moved for confirmation of her proposed chapter 13 plan and creditor filed an objection. The sole issue in dispute was whether, for purposes of 11 U.S.C. § 1325(b)(1)(B), the debtor's "projected disposable income" was to be calculated by utilizing the means test in Official Bankr. Form B22C or by using the difference between Schedules I and J.
Ruling: 
"Monthly disposable income" is to be determined using Form B22C, not difference between Schedules I and J.
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In re Uhrich

Debtors one and two were single individuals who jointly own a residence. They both resided there with two minor children. Each filed a separate chapter 7 bankruptcy case, and each claimed a homestead exemption. No objections were filed. Discharges were entered. Debtors moved to reopen their bankruptcy cases to set aside two judgment liens under 11 U.S.C. § 522(f)(1) because the liens impaired their homestead exemptions.
Ruling: 
Judgment liens avoided as impairing homestead exemption of single debtor living jointly with co-debtor.
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