401(K) DISBURSEMENT PRE PETITION IS CURRENT MONTHLY INCOME BUT NOT PROJECTED DISPOSBLE INCOME In re DeThample, Case No 07-11829 July 5, 2008, Judge Nugent Under 1325(b)(1)(B), a singular, one time disbursement is “income” for purposes of determining Current Monthly Income (CMI), but followed Judge Karlin’s Lanning decision in determining what constituted Projected Disposable Income (PDI)….
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Tag Archive: projected disposable income
Timeshare Debt Allowed on Means Test, Adult Child Disallowed
MORE LINE BY LINES OF B22C In re Hays, Case No 07-41285 April, 2008, Judge Karlin 13 Trustee objections to debtor’s attempts to claim living expenses for non-dependent debtors as well as for secured debt on a timeshare. Court followed Law and disallowed adult child expenses. The Court allowed the debt on the timeshare to…
Nonworking Adult Son Not Counted in Household
B22C CASE, LINE BY LINE… In re Law, Case No. 07-40863 April 2008, Judge Karlin Court sustained 13 Trustee’s objection to confirmation as debtor included: adult son in household size, tax levy on Line 33 and duplicated it on Line 49 and unencumbered vehicle on line 28. The decision is a good analysis of the…
Car Deduction Allowed on Means Test, Reversed by District Court
CAR DEDUCTIONS ALLOWED EVEN THOUGH NO LIEN In re Thomas, Case No 06-21108 In re Camacho, Case No. 06-20729 October 2007, Judge Berger UST Motion To Dismiss under 707(b) for presumed abuse based upon totality of circumstances was denied. The Court concluded that the debtors are entitled to claim vehicle ownership for expenses, even though…
No Early Payoff, But Chapter 13 Bankruptcy Plan Modification Possible
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: …
Means Test Form Controls Unless Significant Changes in Circumstances
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…
How Long Does Chapter 13 Last if My Income is Below Median?
BELOW MEDIAN MUST RUN 36 MONTHS, B22C IS TEMPORAL In re Daniel, Case No. 06-20714 December 2006, Judge Somers In a Below Median case, debtor’s income is determined by B22C and expenses by Schedule J and must “run” for 36 months (The Applicable Commitment Period) or pay 100% of all allowed unsecured claims. B22C is…
Who Gets Paid Out of Chapter 13 Pool?
WHAT GETS PAID OUT OF THE B22C POOL? In re Puetz, Case No 0620756 June 2007, Judge Berger B22C presumptively shows debtors projected disposable income, schedules I and J no longer determine plan payment for above median debtor, but, rather, demonstrate feasibility unless there are special circumstances justifying adjustments to B22C. This is not the…
My Car Is Paid For, Can I Deduct Ownership Expense on Means Test?
OWNERSHIP EXPENSE NOT ALLOWED IF VEHICLE PAID FOR In re Howell, Case No. 06-11652 April 2007, Judge Nugent Trustee objected to 13 confirmation under 1325(b)(1)(B) on basis that debtors projected disposable income was too low because they were deducted an ownership expense on Line 28 of B22C even though vehicle was fully paid for and…
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Jill Michaux & Mark Neis
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