Legal Opinion
In re Harkins
United States Bankruptcy Court, S.D. Ohio
Decided May 1, 2013No. Nos. 12-51446, 12-52555, 12-53893PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER ON TRUSTEE’S OBJECTIONS TO CONFIRMATION OF CHAPTER 13 PLANS
JOHN E. HOFFMAN, JR., Bankruptcy Judge.
I. Introduction
As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added the term “current monthly income” to the Bankruptcy Code. The definition of that term in 11 U.S.C. § 101(10A) — and its use in various other sections of the Bankruptcy Code — have generated numerous interpretive issues. The issue before the Court is whether, for the purpose of calculating current monthly income, self-employed Chapter 13 debtors may…
2Cases cited50 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Duncan v. WalkerSupreme Court of the United States · 2001
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- United States v. James C. DunkelCourt of Appeals for the Seventh Circuit · 1991
45 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re FieldsUnited States Bankruptcy Court, E.D. North Carolina · 2015
- In re HarrisUnited States Bankruptcy Court, E.D. North Carolina · 2014
- In re GonzalezUnited States Bankruptcy Court, D. Colorado · 2018
- In re HoffmanUnited States Bankruptcy Court, D. Minnesota · 2014
- In re KuwikUnited States Bankruptcy Court, N.D. Georgia · 2014
6 more not listed; retrieve them via the Exa API.