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In re Williams

In consolidated proceedings, the standing chapter 13 Trustee (Trustee) objected to plan confirmation in three separate cases. The parties in these cases contested the meaning of the phrases "projected disposable income" (PDI) and "applicable commitment period" (ACP) in 11 U.S.C.S. § 1325(b)(1)(B) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Ruling: 
Confirmation denied due to plan's failure to pay projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-089

In re Dagen

A chapter 13 debtor filed a motion for sanctions against his former wife, contending that the wife had improperly attempted to collect support payments from his disability income in violation of the automatic stay of 11 U.S.C.S. § 362 and his confirmed chapter 13 plan.
Ruling: 
Former spouse's post-confirmation efforts to collect debtor's post-petition support obligations did not violate stay.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-062

Sender v. Love Funeral Home (In re Potter)

Plaintiff trustee filed an adversary proceeding against defendant funeral home, alleging that a chapter 7 debtor made postpetition transfers to the funeral home that were avoidable under 11 U.S.C.S. § 549. The trustee sought an order requiring the funeral home to return money it received to the debtor's bankruptcy estate, pursuant to 11 U.S.C.S. §§ 550 and 551. The funeral home opposed the trustee's action.
Ruling: 
Payments by debtor to funeral home from proceeds of deceased debtor spouse's life insurance were not avoidable as debtor was initial transferee.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-067