- 11 U.S.C.
Csigi, In re
Apr
04
2023
Ruling
Unsecured creditor's request that the term of debtor's Chapter 13 plan be increased was barred as it was undisputed that her current monthly income was below the median. (Bankr. D. Haw.)
Issue(s)
Confirmation of Plan; Objections; “Applicable Commitment Period”.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Poole, In re
Sep
30
2022
Ruling
Debtors' proposed "heads on beds" approach to determining household size was rejected as itovercounted and was not consistent with the Bankruptcy Code's purposes. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Objections; “Applicable Commitment Period”.
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Court
:
- 11 U.S.C.
In re Vinger
Sep
30
2015
Ruling
Debtor not entitled to marital adjustment that would allow change from above to below median status.
Issue(s)
Whether above-median debtor was entitled to a marital adjustment that would allow a change to below-median status?
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Court
:
- 11 U.S.C.
In re Hoffman
May
19
2014
Ruling
Confirmation of plan with three-year commitment period denied due to deduction of ordinary and necessary business expenses.
Issue(s)
Whether a self-employed chapter 13 debtor may deduct ordinary and necessary business expenses when calculating current monthly income to determine the applicable commitment period?
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Court
:
- 11 U.S.C.
Pliler v. Stearns
Mar
28
2014
Ruling
Bankruptcy court did not err in voiding early termination provision of debtors' plan and extending term to required five years.
Issue(s)
Whether above-median-income debtors with negative disposable income are obligated to maintain Chapter 13 bankruptcy plans that last for five years when their unsecured creditors have not been paid in full?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Abisso
Apr
17
2013
Ruling
Debtor entitled to marital adjustment for non-debtor spouse's income not contributed to household expenses on regular basis.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Belzer
Mar
19
2013
Ruling
Plan confirmed with 36 month commitment period despite recent increase in income as debtors' income in six months prior to petition was below median.
Procedural posture
Chapter 13 trustee objected to the confirmation of the debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Pliler
Jan
15
2013
Ruling
Early termination clause allowing debtor to exit chapter 13 in 55 months, rather than 60, was void.
Procedural posture
Trustee objected to a chapter 13 plan proposed by a married couple who were above-median income debtors and sought dismissal on grounds that confirmation was improper given the inclusion of an early termination (ET) clause allowing debtors to exit chapter 13 in 55 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).
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Court
:
- 11 U.S.C.
In re Boyd
Jan
14
2013
Ruling
Chapter 13 plan could not provide for termination short of applicable commitment period.
Procedural posture
Trustee objected to a chapter 13 plan proposed by a below-median income debtor and sought dismissal on grounds that confirmation was improper given the inclusion therein of an early termination (ET) clause allowing debtor to exit chapter 13 in 31 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).
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Court
:
- 11 U.S.C.
In re Mack
Sep
11
2012
Ruling
Objection to confirmation based on failure to include non-debtor spouse's income in current monthly income calculation overruled.
Procedural posture
Before the court was the issue of confirmation of debtor's chapter 13 plan. The chapter 13 Trustee objected to confirmation and also sought dismissal of the case.
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Court
: