Legal Opinion
In Re Meyer
United States Bankruptcy Court, D. New Mexico
Decided December 5, 2006No. 19-10242PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER NOT CONFIRMING DEBTORS’ CHAPTER 13 PLAN
JAMES S. STARZYNSKI, Bankruptcy Judge.
This matter raises the question of whether the Bankruptcy Code as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA”) 1 permits chapter 13 debtors with current monthly income in excess of the median family income, to treat charitable contributions as reasonably necessary expenses. It does not. In consequence, Debtors’ chapter 13 plan, which is based on such deductions, cannot be confirmed at this stage of the proceedings.
Procedural Background
On…
2Cases cited19 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
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3Cited by5 opinions
- In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
- In Re HeywardUnited States Bankruptcy Court, S.D. Georgia · 2008
- In Re Philadelphia Newspapers, LLC.United States Bankruptcy Court, E.D. Pennsylvania · 2010
- In Re MeyerUnited States Bankruptcy Court, E.D. Wisconsin · 2012
- William F. Davis & Associates, P.C. v. Caplan (In re J.R. Hale Contracting Co.)United States Bankruptcy Court, D. New Mexico · 2011