In re Barr

Objection to plan confirmation was denied since a determination of an above-median-income chapter 13 debtor's ability to pay and whether debtor's plan committed all of debtor's disposable income is determined under section 1325(b) not under section 1325(a)(3)'s good faith requirement.
Procedural posture: 
Debtor moved for confirmation of her chapter 13 plan and the chapter 13 trustee objected. The trustee contended that the debtor's plan did not comply with the good faith requirement of 11 U.S.C. § 1325(a)(3) based on the amount of the proposed plan payment. The trustee argued that the debtor failed to propose a plan in good faith because, based on her actual income and actual expenses, she had the ability to pay more than proposed in the plan.
ABI Membership is required to access the full summary of In re Barr. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member