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Legal Opinion

In Re Arnold

United States Bankruptcy Court, M.D. Tennessee

Decided July 3, 2007No. 306-07547PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARIAN F. HARRISON, Bankruptcy Judge.

This Chapter 13 case should be titled “The Bankruptcy Code v. The Official Bankruptcy Forms.” The title portends the answer, because as we all know, the Bankruptcy Code always wins. The issue is when a debtor’s business expenses may be deducted in the 11 U.S.C. § 1325 calculations — before the income test of 11 U.S.C. § 1325(b)(3) is applied or after-wards when determining disposable income under 11 U.S.C. § 1325(b)(2) and (3). One need only read the statute to see that the 11 U.S.C. § 1325(b)(3) test utilizes current (gross) income…

2Cases cited4 opinions

  1. In Re McGuireUnited States Bankruptcy Court, W.D. Missouri · 2006
  2. In Re UptonUnited States Bankruptcy Court, S.D. Ohio · 2007
  3. In Re RisherUnited States Bankruptcy Court, W.D. Kentucky · 2006
  4. In Re JacksonUnited States Bankruptcy Court, E.D. North Carolina · 2006

3Cited by19 opinions

  1. Drummond v. Wiegand (In Re Wiegand)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. In re HarkinsUnited States Bankruptcy Court, S.D. Ohio · 2013
  3. In Re SharpUnited States Bankruptcy Court, C.D. Illinois · 2008
  4. In re SkilesUnited States Bankruptcy Court, N.D. Ohio · 2014
  5. Coop v. Lasowski (In Re Lasowski)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008

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