§ 1325(b)(3)

In re Christianson

Ruling: 
Confirmation denied where claimed vehicle expense would end two years into five-year plan and only four tax refunds would be turned over.
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Consumer case opionion summary, case decided on August 12,2015, LexisNexis #0915-033

In re Carroll

Ruling: 
Confirmation denied as plan neither paid unsecured creditors in full nor paid all projected disposable income into plan over commitment period.
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Consumer case opionion summary, case decided on April 15,2013, LexisNexis #0813-136

In re Williams

The chapter 13 trustee filed an objection to the confirmation of below median debtor's proposed chapter 13 plan, arguing that, at the time the debtor's repayment of a loan to his 26 U.S.C.S. § 401(k) was repaid, he should be required to increase his payments for the benefit of creditors, given his increased disposable income pursuant to 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Debtor ordered to increase plan payments after 401(k) loan was repaid or to convert or face dismissal.
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Consumer case opionion summary, case decided on January 23,2012, LexisNexis #0612-067

In re Pelkey

The chapter 13 trustee objected to confirmation of the debtors' plan. At issue was whether the above-median chapter 13 debtors, who did not have any actual auto loan or lease payments for their two vehicles, could nonetheless deduct the amounts shown in the IRS Standards for vehicle ownership expense in calculating the amount of projected disposable income, under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtors entitled to vehicle ownership expense deductions for autos owned free and clear.
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Consumer case opionion summary, case decided on March 25,2010, LexisNexis #0710-031

In re White

The debtors proposed a first amended chapter 13 plan. An unsecured creditor and the chapter 13 trustee filed objections to the plan.
Ruling: 
Confirmation denied due to improper deductions for mortgage payments on two properties intended for surrender.
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Consumer case opionion summary, case decided on June 23,2009, LexisNexis #0909-097

In re Clemons

The matter before the court was the confirmation of the Amended chapter 13 Plan filed by debtor and the objection by the chapter 13 Trustee. The issue concerned whether a marital adjustment could be claimed for mortgage related expenses for which debtor was not contractually liable.
Ruling: 
Debtor entitled to marital adjustment for mortgage-related expenses in current monthly income calculation.
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Consumer case opionion summary, case decided on June 16,2009, LexisNexis #0809-134

In re Marshall

The trustee filed an objection to the above-median chapter 13 debtors' amended plan, challenging the debtors' deducting, on their Official Bankr. Form B22C, an expense for their contractually obligated payment on a home equity line of credit, pursuant to 11 U.S.C.S. §§ 1325(b)(3) and 707(b)(2)(A)(iii)(I), although they claimed the payment was unsupported by any equity and proposed to cram down and avoid that lien, and thus the payment.
Ruling: 
Debtors could claim deduction for payments on home equity loan they intended to avoid.
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Consumer case opionion summary, case decided on June 09,2009, LexisNexis #0909-023

In re Clingman

The debtors filed for relief under chapter 13 and submitted a proposed plan. A chapter 13 trustee objected to the proposed plan, because the debtors had budgeted $613 per month for the care and support of the debtor's elderly parents.
Ruling: 
Plan could include provision for care and support of debtor's elderly parents.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0409-095

In re White

The debtors filed for relief under chapter 13 of the Bankruptcy Code and submitted the forms and schedules. The court allowed the debtors' deduction of a standard ownership allowance for a second vehicle that was owned free and clear. The chapter 13 trustee sought reconsideration of the allowance of the deduction.
Ruling: 
On reconsideration, bankruptcy court disallowed above-median debtors' ownership deduction for second vehicle owned free and clear.
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Consumer case opionion summary, case decided on September 09,2008, LexisNexis #1008-050

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