In Re Phillips
United States Bankruptcy Court, D. Massachusetts
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…
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