- 11 U.S.C.
In re Duarte
Jul
12
2011
Ruling
Married debtors ordered to include tax refunds in projected disposable income calculation pursuant to separate filings rule.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy plan. The trustee filed an objection to confirmation of a plan the debtor proposed, claiming that the plan could not be confirmed under 11 U.S.C.S. § 1325(b)(1) because it did not require the debtor to contribute all his disposable income to the plan.
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Court
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