Ana Flores v. Rod Danielson

KOZINSKI, Chief Judge joins:

The majority overrules our holding in Maney v. Kagenveama that the Chapter 13 “applicable commitment • period” does not mandate a five-year plan length for above median debtors with no projected disposable income. 541 F.3d 868, 876 (9th Cir.2008). The majority’s interpretation of 11 U.S.C. § 1325(b)(1)(B) promotes goals that are at odds with Congress’s purpose when it enacted Chapter 13 to “provide the debtor with a fresh start.” H.R. Rep. No. 95-595, at 117 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6079. The majority also reads language into Chapter 13…