In Re Joest
United States Bankruptcy Court, N.D. New York
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
DIANE DAVIS, Bankruptcy Judge.
Before the Court is the Chapter 13 Trustee’s (“Trustee”) objection to confirmation of Karen Joest’s (“Debtor”) proposed Chapter 13 plan pursuant to 11 U.S.C. § 1325(b)(1)(B). 1 The narrow issue presented to this Court is whether in above median income cases a debtor’s reasonably necessary expenses are defined solely by § 707(b)(2), as incorporated in § 1325(b)(3), or does this Court retain the discretion to separately inquire as to the reasonable necessity of a specific expense under § 1325(b)(2). Debtor is an above median income…
2Cases cited14 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- Milavetz, Gallop & Milavetz, P. A. v. United StatesSupreme Court of the United States · 2010
- Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
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3Cited by1 opinion
- In re SchultzUnited States Bankruptcy Court, W.D. Missouri · 2011