Legal Opinion

In Re Boyd

United States Bankruptcy Court, N.D. Ohio

Decided August 26, 2009No. 19-60361PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

This Chapter 13 case is currently before the Court on confirmation of the debtor’s second amended plan of reorganization and the trustee’s objection. The primary issue is whether this above-median income debtor is devoting all of his “projected disposable income” to his unsecured creditors in compliance with 11 U.S.C. § 1325(b). More specifically, the Court must choose between two competing schools of thought in interpreting section 1325(b), as amended by Congress in 2005 1 —the forward-looking approach and the mechanical approach. The…

2Cases cited25 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. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  4. In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
  5. Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008

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3Cited by3 opinions

  1. In re UlrichUnited States Bankruptcy Court, E.D. Michigan · 2014
  2. Alliance WOR Properties, LLC v. Illinois Methane, LLCCourt of Appeals for the Sixth Circuit · 2021
  3. Sandra Joyce McGrath and Dale Allen RogersUnited States Bankruptcy Court, D. New Mexico · 2020

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