Case Law Repository 2007
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Marie-Ann Greenberg Chapter 13 Standing Trustee |
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Case where disposable income calculation is determined
by B22C - although the Judge did seem to leave the door
open for factual deviations. January 5, 2007
A comprehensive and interesting opinion from Judge
Magner who sits in the Eastern District of Louisiana.
January 9, 2007
Supreme Court's decision that a Chapter 7 debtor does not
have an absolute right to convert to Chapter 13. February
21, 2007
Recent decision by Judge Brown in the District of Oregon,
in which the Court determined that an above median
debtor can use the IRS standard for housing expense in
calculating projected disposable income, rather than the
actual housing expense which is lower. March 2, 2007
An Opinion from the E.D.N.C regarding the "hanging
paragraph". March 6, 2007
Recent decision from Judge Maxin in Arkansas regarding
the application of B22C to above median debtors. March 8,
2007
Chief Judge Keir of the United States Bankruptcy Court for
the District of Maryland issued the attached opinion in
which he explicitly adopts the analysis of In re Jass, 340
B.R. 411, holding that "disposable income" as calculated
on Form B22C is the presumptive "projected disposable
income" for an application of Section 1325(b)(1)(B), which
may be rebutted if there is "a substantial change in
circumstance such that the numbers contained in Form
B22C are not commensurate with a fiar projection of the
debtor's budget in the future." Jas, at 418. April 11, 2007
the District of Maryland issued the attached opinion in
which he explicitly adopts the analysis of In re Jass, 340
B.R. 411, holding that "disposable income" as calculated
on Form B22C is the presumptive "projected disposable
income" for an application of Section 1325(b)(1)(B), which
may be rebutted if there is "a substantial change in
circumstance such that the numbers contained in Form
B22C are not commensurate with a fiar projection of the
debtor's budget in the future." Jas, at 418. April 11, 2007
Opinion on Confirmation of chapter 13 Plan from Judge
Preston from the Southern District of Ohio. March 9, 2007
