Legal Opinion

In Re Phillips

United States Bankruptcy Court, D. Massachusetts

Decided February 7, 2008No. 19-10094PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION

The Chapter 13 Trustee objected to confirmation of Debtor’s Chapter 13 Plan on the ground that it failed the “best efforts test” of 11 U.S.C. § 1325(b)(1)(B). The Debtor, Elaine Phillips (the “Debtor”), an “above median income debtor,” responded to the Trustee’s Objection, asserting that her expenses, for purposes of ascertaining her “projected disposable income” under section 1325(b)(1)(B), should be governed by a strict construction of 11 U.S.C. §§ 1325(b)(3) and 707(b)(2), as well as Official Form 22C. The issue presented is…

2Cases cited69 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  3. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  4. In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
  5. In Re JassUnited States Bankruptcy Court, D. Utah · 2006

64 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Coffin v. eCast Settlement Corp. (In Re Coffin)Bankruptcy Appellate Panel of the First Circuit · 2010
  2. In Re MatiUnited States Bankruptcy Court, D. Massachusetts · 2008
  3. In Re YoungUnited States Bankruptcy Court, D. Massachusetts · 2008
  4. In Re EgbertUnited States Bankruptcy Court, E.D. Arkansas · 2008
  5. In Re MarshallUnited States Bankruptcy Court, D. Massachusetts · 2009

6 more not listed; retrieve them via the Exa API.

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