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Hamilton v. Lanning

A bankruptcy court confirmed a chapter 13 plan, considering respondent debtor's actual income for "projected disposable income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B). An appellate panel and the U.S. Court of Appeals for the Tenth Circuit affirmed, holding that evidence of a substantial change in the debtor's circumstances could be used under a forward looking approach. Certiorari was granted on petitioner trustee's petition.
Ruling: 
Projected disposable income calculation should be presumed correct, but may be rebutted by evidence of a substantial change in circumstances.
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Consumer case opionion summary, case decided on June 07,2010, LexisNexis #0610-133

United Student Aid Funds Inc. v. Espinosa

The U.S. Court of Appeals for the Ninth Circuit held that confirming respondent Chapter 13 debtor's plan without finding undue hardship to discharge interest on a student loan under 11 U.S.C.S. § 523(a)(8) in an adversary proceeding did not render the order void under Fed. R. Civ. P. 60(b)(4), and that, although petitioner creditor was not served a summons, it had notice of the plan and failed to object. Certiorari was granted.
Ruling: 
Confirmation of chapter 13 plan that included discharge of student loan debt without finding of undue hardship was not void where creditor had notice and failed to object or appeal.
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Consumer case opionion summary, case decided on March 23,2010, LexisNexis #0410-032