Legal Opinion
In Re Abaunza
United States Bankruptcy Court, S.D. Florida.
Decided June 2, 2011No. 19-11394PublishedCited by 8 opinions
1Opinion of the Court
CORRECTED 1 ORDER OVERRULING THE OBJECTION OF THE CHAPTER 13 TRUSTEE TO CONFIRMATION
LAUREL M. ISICOFF, Bankruptcy Judge.
This matter came before me on March 16, 2011 on the Notice of Deficiency (ECF #31) filed by the Chapter 13 Trustee, Nancy Herkert (the “Trustee”) in which the Trustee objected to the confirmation of the Debtor’s proposed Chapter 13 Plan. The issue before me is whether above-median debtors can use their “discretionary income” to pay a creditor outside a Chapter 13 plan so long as all of the debtor’s projected disposable income (“PDI”) is committed to paying the unsecured…
2Cases cited21 opinions
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Bentley v. Boyajian (In Re Bentley)Bankruptcy Appellate Panel of the First Circuit · 2001
- In Re: Wayne K. Crawford, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2003
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re StullUnited States Bankruptcy Court, D. Kansas · 2013
- In Re KingUnited States Bankruptcy Court, N.D. Texas · 2011
- In re MarottaUnited States Bankruptcy Court, M.D. North Carolina · 2012
- In re PreciseUnited States Bankruptcy Court, E.D. Pennsylvania · 2013
- Carrión v. Rivera (Rivera)Bankruptcy Appellate Panel of the First Circuit · 2013
3 more not listed; retrieve them via the Exa API.