Legal Opinion
Dehart v. Hay (In Re Hay)
United States Bankruptcy Court, M.D. Pennsylvania
Decided November 13, 2008No. 1:08-bk-00474MDFPublishedCited by 4 opinions
1Opinion of the Court
OPINION
MARY D. FRANCE, Bankruptcy Judge.
The Standing Chapter 13 Trustee (“Trustee”) has objected to the chapter 13 plan proposed by Howard and Christy Hay (“Debtors”), alleging that Debtors have failed to commit all of their future disposable income to the plan. The Trustee asserts that Debtors should not be permitted to deduct as expenses monthly mortgage payments and payments for one of their vehicles because, under the terms of their plan, they intend to surrender the collateral for these loans. For the reasons set forth below, the Trustee’s objection to the plan will be overruled and…
2Cases cited20 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
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3Cited by4 opinions
- In Re SanitateDistrict Court, E.D. Pennsylvania · 2009
- In Re StuartUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
- In Re BurbankUnited States Bankruptcy Court, D. Rhode Island · 2009
- Calvin Scott Page and Helen Villabane PageUnited States Bankruptcy Court, E.D. Washington · 2024