Research Guide: Projected Disposable Income under Code § 1325(b)
April 26, 2008
From my friend and colleague Robin Miller, publisher of BAPCPA Abstracts, comes this thoughtful and well-researched guide concerning the calculation of a Chapter 13 debtor’s projected disposable income under Code § 1325(b). Most consumer bankruptcy lawyers realize that courts disagree as to both how income and expenses are to be calculated (Form 22C, Schedules I and J, or some combination thereof) and as of when the calculation is to be performed.
This Research Guide tackles the following:
- attempts to collect all the cases discussing the calculation of projected disposable income insofar as the discussion is specific to Chapter 13
- review how a court applies § 1325(b) to the numbers generated by the debtor under § 101(10A) and § 707(b)(2)
- collects the cases discussing the treatment of a Chapter 13 debtor’s retirement plan contributions and loan repayments, and those cases determining the classes of unsecured creditors comprehended by Code § 1325(b)(1)(B), requiring a debtor to pay all of his or her projected disposable income to “unsecured creditors” if those creditors are not paid in full.
Robin has graciously allowed me to make this guide available to my readers and visitors. I think you’ll find it a useful tool in your Chapter 13 practice.
Download the guide by clicking here.
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