In Re Schanuth
United States Bankruptcy Court, W.D. Missouri
1Opinion of the Court
MEMORANDUM OPINION
JERRY W. VENTERS, Bankruptcy Judge.
In a case filed under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”): 1
Can the Court confirm a plan that proposes a payment in excess of a debtor’s disposable income calculated in accordance with 11 U.S.C. § 1325(b)(2)?
Can the Court confirm a chapter 13 plan that runs less than three years?
Those are the issues before the Court today. The Debtors’ chapter 13 plan proposes to do both of those things. The chapter 13 trustee has filed a motion to deny confirmation of the plan.
BACKGROUND
The Debtors, Calvin Terry…
2Cases cited7 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Cohen v. De La CruzSupreme Court of the United States · 1998
- In Re JassUnited States Bankruptcy Court, D. Utah · 2006
- In Re SullyUnited States Bankruptcy Court, M.D. Florida · 1998
- In Re WilkinsonUnited States Bankruptcy Court, N.D. Ohio · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
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- Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008
- In Re McGuireUnited States Bankruptcy Court, W.D. Missouri · 2006
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