In re Schley

Debtor spouse's seasonal employment as teacher did not qualify as "special circumstances" or justify adjustment to projected disposable income calculation.
Procedural posture: 
Debtors, a married couple, proposed a chapter 13 plan under which they had adjusted their projected disposal income to reflect the fact that the wife was a school system employee who received a salary for only nine months of the year. The chapter 13 trustee objected to confirmation on that basis. At issue was the facts constituted "special circumstances" for purposes of 11 U.S.C.S. § 707(b)(2)(B).
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Consumer case opionion summary, case decided on August 22,2008, LexisNexis #0908-086