Legal Opinion
In re Cormier
United States Bankruptcy Court, D. Massachusetts
Decided September 27, 2012No. 09-44865-HJBPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before the Court is a request by the debtors in this Chapter 13 case to modify their confirmed plan. The Chapter 13 trustee (the “Trustee”) has objected to the proposed modification on the grounds that the debtors have not provided for payment of all of their projected disposable income into the proposed amended plan. To resolve the issues in this case, the Court must determine whether the disposable income requirement of § 1322(b) of the United States Bankruptcy Code1 applies to Chapter 13 plan modifications under § 1329 and, if so,…
2Cases cited40 opinions
- Hamilton v. LanningSupreme Court of the United States · 2010
- In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
- Kibbe v. SumskiBankruptcy Appellate Panel of the First Circuit · 2007
- Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
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3Cited by5 opinions
- John H. Germeraad v. Myrick J. PowersCourt of Appeals for the Seventh Circuit · 2016
- In re DrapeauUnited States Bankruptcy Court, D. Massachusetts · 2013
- In re McAllisterUnited States Bankruptcy Court, N.D. Georgia · 2014
- Andrew Ricardo GuerreroUnited States Bankruptcy Court, D. Idaho · 2025
- Susan E HalwachsUnited States Bankruptcy Court, S.D. Illinois · 2024