In Re Fuger
United States Bankruptcy Court, D. Utah
1Opinion of the Court
MEMORANDUM DECISION
WILLIAM T. THURMAN, Bankruptcy Judge.
The matter before the Court is the continued hearing on confirmation of the Debtors’ proposed chapter 13 plan. Specifically, the Court is called upon to determine whether the “applicable commitment period” in 11 U.S.C. § 1325(b)(1)(B) 1 is a monetary or temporal requirement. As this matter presents an issue of first impression in light of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”), the Court elects to issue this Memorandum Decision. The Court determines that the term “applicable commitment period” requires the…
2Cases cited25 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Cohen v. De La CruzSupreme Court of the United States · 1998
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3Cited by39 opinions
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- Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
- In Re McGillisUnited States Bankruptcy Court, W.D. Michigan · 2007
- In Re KolbUnited States Bankruptcy Court, S.D. Ohio · 2007
- In Re NanceUnited States Bankruptcy Court, S.D. Illinois · 2007
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