In re Spruch

Ruling: 
Plan not filed in bad faith where debtors would have negative disposable income even if payment on luxury vehilce was eliminated.
Procedural posture: 
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to confirmation of the debtors'plan, claiming that the debtors failed to apply all of their projected disposable income to their unsecured debt, as required by 11 U.S.C.S. § 1325(b), and that they violated § 1325(a)(3) and (7) because they did not file their bankruptcy action and their plan in good faith.
Issue: 
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-025