Legal Opinion

In Re Nance

United States Bankruptcy Court, S.D. Illinois

Decided July 10, 2007No. 17-40619PublishedCited by 50 opinions

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

In each of the above captioned cases, the Chapter 13 trustee objects to confirmation on the grounds that the proposed plan fails to use the proper methodology to calculate the debtors’ projected disposable income and/or fails to provide for payment of all of the debtors’ disposable income for a period of five years. This opinion examines 11 U.S.C. § 1325(b) and addresses: (1) how “projected disposable income” is to be calculated for purposes of § 1325(b)(1)(B); and (2) whether, for purposes of confirmation, an above-median income debtor may propose a…

2Cases cited32 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
  5. United States v. MenascheSupreme Court of the United States · 1955

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3Cited by50 opinions

  1. Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008
  2. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
  3. Coop v. Frederickson (In Re Frederickson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2007
  4. In Re TurnerCourt of Appeals for the Seventh Circuit · 2009
  5. In Re WilliamsUnited States Bankruptcy Court, D. Colorado · 2008

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

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