- 11 U.S.C.
In re Uhlig
Jan
30
2014
Ruling
Chapter 13 plan excluding cash surrender value of whole life insurance policy could be confirmed.
Issue(s)
Whether the cash surrender value increase of a whole life policy over the life of the plan should be considered disposable income to be paid as an additional dividend to creditors with unsecured claims.
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Court
:
In re Afko
Nov
15
2013
Ruling
Confirmation denied due to failure to devote savings following repayment of 401(k) loan to plan.
Issue(s)
Was debtors' plan required to step-up plan payments to account for the repayment of a 401(k) loan during the life of the plan or could debtors use savings as a "cushion" in the plan for unexpected expenses.
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Court
:
- 11 U.S.C.
In re Garrepy
Nov
06
2013
Ruling
Payments on stripped off mortgage could not be deducted from projected disposable income calculation.
Issue(s)
Whether debtors could deduct payments for a stripped mortgage when calculating projected disposable income under 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
In re Hall
Oct
22
2013
Ruling
Plan confirmed over trustee's objection as 401(k) payments were properly removed from projected disposable income calculation.
Issue(s)
Whether court should sustain trustee's objection to confirmation on the grounds that by continuing to make a voluntary 401(k) contribution each month, debtor was not applying all projected disposable income to make payments to unsecured creditors in violation of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
DeHart v. Knorr (In re Knorr)
Oct
08
2013
Ruling
Child care expense was improper but could be used for first year of plan.
Issue(s)
Could debtor claim child care expense to cover debtor's care for minor children at scout camps under proposed plan .
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Court
:
In re Canniff
Sep
19
2013
Ruling
Social Security payments for benefit of debtors' child properly excluded from disposable income calculation.
Issue(s)
Whether chapter 13 debtors were required to include Social Security payments in the amount of $700 per month they received for the benefit of their oldest child when they calculated the amount of income they had which could be used to fund their bankruptcy plan.
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Court
:
Danielson v. Flores (In re Flores)
Aug
29
2013
Ruling
Duration of plan must be at least as long as the applicable commitment period.
Issue(s)
May above median debtors propose a chapter 13 plan with a term of three years rather than the five year applicable commitment period.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Dye
Aug
16
2013
Ruling
Confirmation denied due to failure to allocate sufficient funds to pay off unsecured debt.
Issue(s)
Whether the Social Security income of a debtor's non-filing spouse was to be included in the calculation of a chapter 13 debtor's projected disposable income.
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Court
:
In re Carlyle
Jul
17
2013
Ruling
Payments on non-debtor husband's truck were not made for household expenses and could be deducted from income calculations.
Procedural posture
The chapter 13 trustee objected to the debtor's plan on the ground that the marital adjustments the debtor took on Lines 13 and 19 of her "Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income" means-test form were inappropriate.
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Court
:
In re Kramer
Jul
12
2013
Ruling
Chapter 13 debtor's deduction for payments on second mortgage to be treated as unsecured had to be excluded from projected disposable income calculation.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' plan on the grounds that the plan failed to direct all available projected disposable income to payment of creditors and on the grounds that they understated their projected disposable income and consequently, the plan did not satisfy the best efforts test of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
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