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In re Hernandez

In re Hernandez

Ruling
Plan commitment period is to be established based on facts existing on the date of confirmation.
Procedural posture

The chapter 13 trustee objected to confirmation of an amended plan proposed by a chapter 13 debtor, challenging both the date on which debtor proposed to determine the applicable commitment period and the extent to which post-petition and pre-confirmation changes in household size affected that calculation. At issue was the import, on these issues, of 11 U.S.C.S. § 1325.

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Consumer opinion summary, case decided on March 23, 2012 , LexisNexis #0412-102