Legal Opinion

In Re Henderson

United States Bankruptcy Court, D. Idaho

Decided April 18, 2011No. 10-03114PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

David and Candice Henderson (“Debtors”) are above-median-income chapter 13 1 debtors who, because their Form 22C 2 shows they have negative “projected disposable income,” propose a three-year debt repayment plan. Dkt. Nos. 9, 30, 40. While Debtors’ plan calls for monthly payments of $1,140, all of that amount is required to service secured debt and administrative expenses; the plan will pay nothing to Debtors’ unsecured creditors. See Dkt. No. 40.

Chapter 13 trustee, Kathleen McCallis-ter (“Trustee”), objected to confirmation of…

2Cases cited10 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  3. Hamilton v. LanningSupreme Court of the United States · 2010
  4. Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
  5. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011

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3Cited by4 opinions

  1. Danielson v. Flores (In Re Flores)Court of Appeals for the Ninth Circuit · 2012
  2. In Re ReedUnited States Bankruptcy Court, D. Oregon · 2011
  3. In re BallewUnited States Bankruptcy Court, E.D. North Carolina · 2013
  4. Danielson v. Flores (In Re Flores)Court of Appeals for the Ninth Circuit · 2012

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