Legal Opinion

In Re Vidal

United States Bankruptcy Court, M.D. Pennsylvania

Decided October 12, 2009No. 5-08-bk-51727PublishedCited by 4 opinions

1Opinion of the Court

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

Joseph Vidal, the Debtor, filed a Chapter 13 bankruptcy on June 19, 2008. His income is above the applicable median family income. His monthly disposable income according to Form B22C, is negative $456.25. Nevertheless, he has offered to make payments of at least $393 in his plan for 36 months. The Chapter 13 Trustee, Charles DeHart, has objected to confirmation because the “Debtor’s plan violates 11 U.S.C. § 1325(b)(1) in that the plan does not provide for the payment of all of the debtor(s)’ projected disposable income for a minimum period of five…

2Cases cited38 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
  4. In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
  5. In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989

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3Cited by4 opinions

  1. DeHart v. Eckert (In re Eckert)United States Bankruptcy Court, M.D. Pennsylvania · 2013
  2. Ana Flores v. Rod DanielsonCourt of Appeals for the Ninth Circuit · 2013
  3. Ana Flores v. Rod DanielsonCourt of Appeals for the Ninth Circuit · 2013
  4. Ana Flores v. Rod DanielsonCourt of Appeals for the Ninth Circuit · 2013

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