Legal Opinion

eCAST Settlement Corp. v. Vaughn (In Re Vaughn)

United States Bankruptcy Court, M.D. Pennsylvania

Decided June 8, 2007No. 1-06-bk-00788MDFPublishedCited by 2 opinions

1Opinion of the Court

OPINION

MARY D. FRANCE, Bankruptcy Judge.

How is a debtor’s “projected disposable income” calculated for chapter 13 plan confirmation purposes? This determination is significant because the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 (2005) (“BAPCPA”), provides that if a party in interest objects to a debtor’s proposed plan, it may not be confirmed unless the debtor either pays 100% of the allowed unsecured claims or devotes all of his “projected disposable income” for the applicable commitment period to pay unsecured creditors. 11 U.S.C. §…

2Cases cited51 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006

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3Cited by2 opinions

  1. Dehart v. Hay (In Re Hay)United States Bankruptcy Court, M.D. Pennsylvania · 2008
  2. Dehart v. Ponce (In Re Ponce)United States Bankruptcy Court, M.D. Pennsylvania · 2009

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