§ 1325(b)

Diaz, In re--Diaz v. Viegelahn

Ruling: 
Court held the provision in Chapter 13 bankruptcy plan requiring debtors to turn over taxrefund amount in excess of $2,000 as invalid because it abridged debtors' substantive rights.(5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 26,2020, LexisNexis #1020-020

Hefty, In re

Ruling: 
Trustee's objection to confirmation of debtor's plan was sustained as debtor's plan did notcommit to pay the claims of unsecured creditors. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-047

Sweitzer v. Gallite (In re Gallite)

Ruling: 
HAVEN Act allowed for modification of debtor’s plan to deduct monthly VA disabilitybenefits from her disposable income. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on August 23,2019, LexisNexis #0420-096

Whitt, In re

Ruling: 
Court held that post-petition retirement contributions are not considered disposable income.(Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-023

Johnson, In re

Ruling: 
Confirmation of debtor's plan denied as it did not meet the projected disposable incomerequirement. (Bankr. D. Alaska)
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Consumer case opionion summary, case decided on January 17,2020, LexisNexis #0220-095

Styerwalt, In re

Ruling: 
Court denied confirmation of Chapter 13 plan as the debtor had not proposed "step-up"payments after payoff of his 401(k) loans. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on December 16,2019, LexisNexis #0120-097

Price, In re

Ruling: 
Plan confirmed as the debtors' plan proposed to pay no less than their disposable income.(Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on November 21,2019, LexisNexis #0120-024

Rodriguez, In re

Ruling: 
Trustee's objection to proposed Chapter 13 plan was overruled except as to entertainment,education and family contributions not reasonably necessary for the maintenance or supportof below median income debtors. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-071

Anderson, In re

Ruling: 
Debtors were entitled to a net monthly deduction as their transportation ownership cost underthe IRS Local Standards incorporated in 11 U.S.C. § 707(b)(2)(A)(ii)(I) and a monthly debtpayment under § 707(b)(2)(A)(iii). (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on August 09,2019, LexisNexis #1019-049

Campbell, In re

Ruling: 
Trustee's objection to debtor's plan overruled where debtor's ad valorem taxes were nothousehold expenses and were properly deducted as part of marital adjustment. (Bankr. S.D.Fla.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-022

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