Introducing ATLASLearn more
Legal Opinion

In Re LaSota

United States Bankruptcy Court, W.D. New York

Decided September 19, 2006No. 1-19-10334PublishedCited by 19 opinions

1Opinion of the Court

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

Almost all 1 Chapter 13 debtors in this Court are here trying to preserve something; their home, their car, their dignity, for themselves or for their loved ones.

BAPCPA statutorily introduced the notion of Chapter 13 debtors who have been more “frugal” than other Chapter 13 debtors of comparable income. They are the “above median income” debtors who spend less than what Form 22C allows, and they thus have what we might call “discretionary” income (on a post-petition basis) that is in excess of their statutorily-defined “disposable” income.

Th…

2Cases cited8 opinions

  1. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  2. In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
  3. In Re JassUnited States Bankruptcy Court, D. Utah · 2006
  4. In Re BarrUnited States Bankruptcy Court, M.D. North Carolina · 2006
  5. In Re: Nina Marie Barbieri, Debtor. Nina Marie Barbieri, Debtor-Appellant v. Raj Acquisition Corp. Chapter 7 Trustee TrusteeCourt of Appeals for the Second Circuit · 1999

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

3Cited by19 opinions

  1. In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
  2. In Re DevilliersUnited States Bankruptcy Court, E.D. Louisiana · 2007
  3. In Re HanksUnited States Bankruptcy Court, D. Utah · 2007
  4. Pak v. eCast Settlement Corp. (In Re Pak)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  5. In Re BriscoeDistrict Court, District of Columbia · 2007

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API