Tag Archive: ACP

Means Test Form Controls Unless Significant Changes in Circumstances

Posted on December 21, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

B22C CONTROLS UNLESS SIGNIFICANT CHANGES IN CIRCUMSTANCES
In re Lanning, Case No. 06-41037
May 2007, Judge Karlin
Over the Chapter 13 Trustee’s objection, the Court confirmed the plan because of significant changes in circumstances at the time of filing that caused Line 58 on B22C to be higher than what the debtor could afford to pay. BAP and [...]

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in Chapter 13, Court Rulings, Means Test.

My Income Is Above Median, How Long Will My Chapter 13 Plan Run?

Posted on December 17, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

B22C CONTROLS, OR IF DEBTOR USES I AND J, MUST HAVE A FIVE YEAR PLAN
In re Beckerle, Case No.06-20572
April 2007, Judge Berger
ACP is a time frame of either 3 or 5 years and not a multiplier. B22C is a starting place in determining projected disposable income to be received in the 5-year period. A negative [...]

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in Chapter 13, Court Rulings, Filing Bankruptcy.

13 Plan Length Figured as of Bankruptcy Filing Date

Posted on December 17, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

ACP IS FIXED BUT PLAN PAYMENT IS NOT
In re Anderson, Case No. 06-20664
April 2007, Judge Berger
Applicable Commitment Period is determined as of the date of filing, but the amount of the plan payment is determined as of the effective date of the plan under 1325(b). Again, the Court noted that the trustee is not required [...]

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in Chapter 13, Court Rulings.