Legal Opinion
In Re Davis
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 22, 2008No. 19-11508PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM
BRUCE FOX, Bankruptcy Judge.
Before me is the trustee’s objection to confirmation of the chapter 13 debtors’ plan. The trustee asserts that the proposed plan “violates 11 U.S.C. § 1325(b)(4) in that it is not for applicable commitment period.” Trustee’s Objection, ¶ 2. 1 As will be discussed, the debtors’ proposed plan calls for 36 monthly payments. The trustee contends that only a 60 month plan can be confirmed. The debtors reply that, since their projected disposable income as prescribed by section 1325(b)(2) is nega-five, section 1325(b)(4) is inapplicable, and so their 36 month…
2Cases cited43 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
- In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
38 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008
- Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
- Musselman v. eCast Settlement Corp. (In Re Musselman)District Court, E.D. North Carolina · 2008
- Dehart v. Lopatka (In Re Lopatka)United States Bankruptcy Court, M.D. Pennsylvania · 2009
- In Re EganUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
11 more not listed; retrieve them via the Exa API.