Legal Opinion
In Re Hoss
United States Bankruptcy Court, D. Kansas
Decided August 20, 2008No. 19-05015PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT E. NUGENT, Chief Judge.
These two chapter 13 cases focus the Court squarely on a frequently litigated BAPCPA 1 issue, that being whether an above-median income debtor who seeks to cram-down or strip off a secured creditor in chapter 13 can deduct from current monthly income on Line 47 of Form B22C, the average future monthly payments to the secured creditor based upon the original, unmodified contract or only the amount equal to what debtor intends to actually pay under the plan. This calculation directly affects the amount of projected disposable income a debtor must…
2Cases cited34 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Busic v. United StatesSupreme Court of the United States · 1980
- Edmond v. United StatesSupreme Court of the United States · 1997
- In Re NockertsUnited States Bankruptcy Court, E.D. Wisconsin · 2006
- In Re EdmundsUnited States Bankruptcy Court, D. South Carolina · 2005
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3Cited by6 opinions
- In Re BurbankUnited States Bankruptcy Court, D. Rhode Island · 2009
- In Re MarshallUnited States Bankruptcy Court, D. Massachusetts · 2009
- In Re MelvinUnited States Bankruptcy Court, D. Kansas · 2008
- In Re ReyesUnited States Bankruptcy Court, C.D. California · 2009
- In Re WhiteUnited States Bankruptcy Court, D. Maryland · 2009
1 more not listed; retrieve them via the Exa API.