Baud v. Carroll
Feb
04
2011
Ruling
Applicable commitment period of 60 months for above median debtors applies to debtors with negative projected disposable income.
Procedural posture
The U.S. District Court for the Eastern District of Michigan held the applicable commitment period (ACP) was 60 months for above-median-income debtors, but the requirement did not apply because the debtors had negative projected disposable income. It reversed a bankruptcy court order sustaining a Chapter 13 trustee's objection that it should be extended to 60 months, and remanded to allow the debtors to modify their plan. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available