Coop v. Frederickson (In Re Frederickson)
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOLLMAN, Circuit Judge.
This appeal requires us to examine the meaning and application of the phrases “projected disposable income” and “applicable commitment period” in 11 U.S.C. § 1325(b), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). The specific question before us is whether an above-median Chapter 13 debtor’s plan must extend for five years, i.e., the length of the “applicable commitment period,” or whether a bankruptcy court can confirm a shorter plan period when the debtor has a negative “disposable income” as defined in 11 U.S.C. §…
2Cases cited24 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
- Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
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3Cited by98 opinions
- Hamilton v. Lanning (In Re Lanning)Court of Appeals for the Tenth Circuit · 2008
- Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
- Nowlin v. PeakeCourt of Appeals for the Fifth Circuit · 2009
- In Re: DAVID C. WELSH and SHARON N. WELSHCourt of Appeals for the Ninth Circuit · 2013
- In Re TurnerCourt of Appeals for the Seventh Circuit · 2009
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