Legal Opinion
In Re Stansell
United States Bankruptcy Court, D. Idaho
Decided October 16, 2008No. 13-20888PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JIM D. PAPPAS, Bankruptcy Judge.
Introduction
The issue presented in this chapter 13 1 case is whether § 1325(b)(4)(A)(ii) of the Bankruptcy Code, a provision added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 “BAPC-PA”, Pub.L. 109-8,119 Stat. 23 (2005), requires that a debtor include the income earned by his deceased spouse during the six months prior to the filing of the debt- or’s bankruptcy petition in determining the “applicable commitment period” for the debtor’s plan. An analysis of this issue yields an odd result, indeed. 2
Facts and…
2Cases cited6 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
- In Re Lance C. Barnes and Virginia R. Barnes, Debtors. Delbert Barnes and Ethel Barnes v. Lance C. Barnes Virginia R. BarnesCourt of Appeals for the Ninth Circuit · 1994
- Itule v. Heath (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re QuartermanUnited States Bankruptcy Court, M.D. Florida · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re VollenUnited States Bankruptcy Court, D. Kansas · 2010
- In Re JohnsonUnited States Bankruptcy Court, N.D. Illinois · 2009
- Sturm v. United States TrusteeDistrict Court, N.D. Ohio · 2011
- In re VingerUnited States Bankruptcy Court, D. Colorado · 2015
- In Re CoverstoneUnited States Bankruptcy Court, D. Idaho · 2011
3 more not listed; retrieve them via the Exa API.