In re Wensel
Apr
04
2013
Ruling
Confirmation denied due to debtor's failure to include tax refunds in projected disposable income.
Procedural posture
Chapter 13 bankruptcy debtors proposed a plan which provided for payment to creditors of all of the debtors' projected disposable income as required by 11 U.S.C.S. § 1325(b), including tax refunds determined by averaging the past three years tax refunds, annualizing the average, and incorporating that amount in disposable income. The bankruptcy trustee objected to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
In re Evon
Mar
21
2013
Ruling
Debtors who paid full amount due before end of five-year term found to have completed plan.
Procedural posture
Debtors filed a motion for a declaration that their chapter 13 plan had been paid in full, even though their median income placed them in the "five-year-plan" category of 11 U.S.C.S. § 1325(b)(1)(B) and (b)(4)(A)(ii)(II) and less than three years had passed since their plan was confirmed.
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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 Churchill
Mar
06
2013
Ruling
Confirmation denied due to understatement of projected disposable income.
Procedural posture
Debtor moved for confirmation of his second amended plan. The chapter 13 trustee objected to confirmation of the plan, claiming that debtor understated his projected disposable income in violation of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
In re Romero
Jan
18
2013
Ruling
Confirmation granted over trustee's objection as business expenses were properly deducted from current monthly income calculation.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtor's 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 Barnes
Jan
15
2013
Ruling
Early termination clause was void and plan could only be confirmed if providing for full applicable commitment period.
Procedural posture
Trustee objected to a chapter 13 plan proposed by debtor, a below-median income debtor, and sought dismissal for failure to file a plan in good faith and failure to pay required amounts for the entire "applicable commitment period" (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only plan that was not proposed in good faith.
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Court
:
- 11 U.S.C.
In re Tedder
Jan
14
2013
Ruling
Early termination provision was void but plan could otherwise be properly confirmed.
Procedural posture
Trustee objected to a chapter 13 plan proposed by debtors and sought dismissal of the case for failure to file a plan in good faith and failure to pay required amounts for the entirety of the applicable commitment period (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only scheme that was not proposed in good faith.
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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 Scott
Jan
11
2013
Ruling
Social security benefits were not properly included in projected disposable income calculation.
Procedural posture
Before the court were two chapter 13 cases where the trustee objected to confirmation because the debtors were not including certain social security benefits in the calculation of "projected disposable income" under 11 U.S.C.S. § 1325(b)(1)(B).
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Court
: