Legal Opinion

In Re Austin

United States Bankruptcy Court, D. Vermont

Decided August 7, 2007No. 07-10031PublishedCited by 37 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

Overruling the Trustee’s Objection to the Debtors’ Chapter 13 Plan and Granting Confirmation of the Plan

COLLEEN A. BROWN, Bankruptcy Judge.

This case presents questions of first impression in this District concerning Chapter 13 plan confirmation requirements for above-median debtors under section 1325(b), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). The Trustee in this case has objected to confirmation of the Debtors’ plan, asserting that: (1) the Debtors are not devoting all of their projected disposable income to the…

2Cases cited20 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  3. In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
  4. In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
  5. In Re JassUnited States Bankruptcy Court, D. Utah · 2006

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3Cited by37 opinions

  1. Hamilton v. Lanning (In Re Lanning)Court of Appeals for the Tenth Circuit · 2008
  2. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
  3. Nowlin v. PeakeCourt of Appeals for the Fifth Circuit · 2009
  4. Coop v. Frederickson (In Re Frederickson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2007
  5. In Re TurnerCourt of Appeals for the Seventh Circuit · 2009

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