In Re Johnson
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
MEMORANDUM OF DECISION
EUGENE R. WEDOFF, Bankruptcy Judge.
This Chapter 13 case is before the court for ruling on the confirmation of the debtors’ plan. The standing trustee has objected to confirmation, arguing that the plan fails to devote all of the debtors’ “disposable income” received during the applicable commitment period to the payment of unsecured claims, as required by § 1325(b) of the Bankruptcy Code (Title 11, U.S.C.). The dispositive issue is whether “disposable income” under § 1325(b) must be calculated on the basis of the debtors’ average income during the six months before…
2Cases cited25 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Finley v. United StatesSupreme Court of the United States · 1989
- Busic v. United StatesSupreme Court of the United States · 1980
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
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3Cited by6 opinions
- Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
- Miller v. Sallie Mae, Inc. (In Re Miller)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- In Re DunfordUnited States Bankruptcy Court, N.D. Illinois · 2009
- In Re OdomUnited States Bankruptcy Court, D. Colorado · 2009
- Richard Baud v. Krispen S. CarrollCourt of Appeals for the Sixth Circuit · 2011
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