§ 1322(d)

Kinney, In re--Kinney v. HSBC Bank USA, N.A.

Ruling: 
Court affirmed dismissal of debtor's Chapter 13 case as Congress intended to limit paymentsunder Chapter 13 plans to five years. (10th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 23,2021, LexisNexis #0921-047

Flinn, In re

Ruling: 
Chapter 13 debtors' plans were confirmed despite the trustee's objection to terms of more thanthree years as debtors demonstrated good cause. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on April 22,2020, LexisNexis #0620-072

In re Adlawan

Ruling: 
Debtor could not reconvert one year-old case to chapter 13 where proposed plan would exceed 60-month requirement given the age of the case.
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Consumer case opionion summary, case decided on June 25,2015, LexisNexis #0715-100

Dehart v. Lopatka (In re Lopatka)

Chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the above-median debtor's plan with a negative projected monthly disposable income could not be confirmed over the objection if the plan did not provide full payment of all allowed unsecured claims and was for less than five years. The court considered whether the plan duration could be set at less than five years.
Ruling: 
Above median debtor with negative disposable income could propose plan with term of less than five years.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0409-091

In re Spraggins

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and submitted a proposed plan. A trustee objected to the plan, contending that the debtor needed to dedicate 100% of her tax refunds for 36 months or that the debtor could propose a plan for 60 months with contributions of 50% of the tax refunds.
Ruling: 
Below-median debtor was not required to devote 100% of tax refunds for three years of proposed plan.
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Consumer case opionion summary, case decided on April 11,2008, LexisNexis #0508-019

In re Hendrick

Debtor asked the court to exercise its equitable powers to allow her to obtain a chapter 13 discharge by extending the date for completion of her chapter 13 plan payments. The chapter 13 trustee moved to dismiss the case, alleging that she was $15,000 in arrears on her payments.
Ruling: 
Court declined to extend date for plan completion to allow for discharge where debtor had missed seven payments.
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