In Re Crego

Memorandum Decision on Trustee’s Objection to Confirmation

SUSAN V. KELLEY, Bankruptcy Judge.

The Chapter 13 Trustee has objected to confirmation of the Debtors’ plan on the grounds that the Debtors are not contributing all available disposable income to pay unsecured creditors. This case explores whether married debtors living in separate households can deduct the expenses of both households as a special circumstance under the means test.

Facts

Geoffrey and Kimberly Crego (“Debtors”) filed a joint Chapter 7 petition on April 16, 2007. After the U.S. Trustee moved to dismiss their case as an…