Legal Opinion

Drummond v. Wiegand (In Re Wiegand)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 3, 2008No. BAP No. MT-07-1431-JuPaD. Bankruptcy No. 07-60620PublishedCited by 30 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

Chapter 13 trustee 1 Robert G. Drum-mond appeals the bankruptcy court’s order overruling his objection to confirmation of the debtors’ chapter 13 plan on the ground that debtors improperly calculated their current monthly income. Debtors, following the format and instructions of Official Bankruptcy Form 22C 2 (“Form 22C”), deducted business expenses from Warren Wiegand’s self-employed income, which resulted in below-median income entitling debtors to a thirty-six month applicable commitment period.

We hold that a chapter 13 debtor engaged in business may not…

2Cases cited8 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  3. Ransom v. MBNA America Bank, N.A. (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Fridley v. Forsythe (In Re Fridley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  5. In Re: Raymond Cervantes, Debtor. County of Santa Cruz v. Raymond CervantesCourt of Appeals for the Ninth Circuit · 2000

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3Cited by30 opinions

  1. Ellsworth v. Lifescape Medical Associates, P.C. (In Re Ellsworth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Blausey v. U.S. TrusteeCourt of Appeals for the Ninth Circuit · 2009
  3. In Re WilliamsUnited States Bankruptcy Court, D. Colorado · 2008
  4. Friedman v. P+P, LLC (In Re Friedman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  5. American Express Bank, FSB v. Smith (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009

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