Kibbe v. Sumski

The debtor, Karen Kibbe (the “Debtor”), appeals from the bankruptcy court’s order denying confirmation of her Chapter 13 plan. The issue on appeal is whether the bankruptcy court properly determined how to calculate a below-median income debt- or’s “projected disposable income,” as that term is employed in 1325(b)(1)(B) of the Bankruptcy Code. 1 The resolution of this question turns on whether (and/or how) the term “projected disposable income” differs from the unmodified term “disposable income,” as defined in 1325(b)(2). Reconciliation of these terms is of particular import where, as here,…