Legal Opinion

In re Montano

United States Bankruptcy Court, S.D. Florida.

Decided January 20, 2016No. CASE NO. 15-21945-RAMPublished

1Opinion of the Court

*912 ORDER OVERRULING CONFIRMATION OBJECTION

Robert A. Mark, Judge, United States Bankruptcy Court

Unsecured creditor, American Express Centurion Bank (“Amex”) objects to confirmation of the Debtor’s chapter 13 plan. Amex argues that the plan does not provide for payment of Debtor’s projected disposable income, because it does not increase payments to the unsecured creditors after the Debtor pays off the balance of his car loan in month 10 of the plan. Arguably, the forward-looking approach to projected disposable income adopted by the Supreme Court in Hamilton v. Lanning, 560 U.S. 505, 130 S.Ct.…

2Cases cited3 opinions

  1. Hamilton v. LanningSupreme Court of the United States · 2010
  2. Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012
  3. In re MontihoUnited States Bankruptcy Court, D. Hawaii · 2012

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