Tag Archive: applicable commitment period

No Early Payoff, But Chapter 13 Bankruptcy Plan Modification Possible

Posted on December 22, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

PLAN MAY NOT PROPOSE EARLY PAYOFF BUT 1329 MAY ALLOW POST
CONFIRMATION MODIFICATION
In re Kidd, et al, Case No. 06-41232
August 2007, Judge Karlin
The Court recognized changes in 1324(b)(4) and held that debtors may not propose an early pay off but may obtain the same in the right circumstances via 1329.
Digest by:  Jan Hamilton, Trustee

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in After Bankruptcy, Chapter 13, Court Rulings.

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.

Chapter 13 Payment Amount Can Change, But Not Plan Length

Posted on December 16, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

APPLICABLE COMMITMENT PERIOD IS FIXED AS DATE OF FILING
In re Moore, Case No. 06-20031
April 2007, Judge Berger
Debtors’ circumstances changed post petition pre confirmation. Although this does not change the ACP, it can change the amount to be paid to creditors. The ACP is locked in as of the date of filing. The Court noted that [...]

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in Chapter 13, Court Rulings.

My Income Is Below Median, How Long Do I Pay My Chapter 13 Payments?

Posted on December 13, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

BELOW THE LINE DEBTOR MUST RUN 36 MONTHS
In re Pohl, Case No. 06-41236
May 2007, Judge Karlin
The Court determined that a below the line debtor’s case must “run” 36 months, unless it
pays off all claims in full, citing 1325(b)(4). Below the line disposable income
determined by Schedule J, since the bottom half of B22C does not get [...]

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in Chapter 13, Court Rulings, Means Test.