Central District Consumer Bankruptcy Attorney's Association

The Southern District Ch 13 Trustees will hold you to $800 to "unsecured creditors", but in the Central District plans are often approved with a total plan payment of $800. Also, the trustees will consider changes in income that are known on the day of confirmation.
Link Schrader, Attorney
Law Office of Link W. Schrader

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That was the standard interpretation prior to the Supreme Court's decision in Hamilton v. Lanning. In Lanning, the court said that "when a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation." Most of the local trustees seem to interpret Lanning as giving judges discretion to confirm plans that pay less than the line 59 amount, so long as I and J are reasonable. I'm not sure, but I think the line 59 amount is probably still considered the minimum in Riverside Chapter 13 cases in order to avoid a "Best Efforts" objection.
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> I have a case where the debtor's disposable income yields a figure of approximately $800 on line 59. However, the disposable income of I and J is approximately $200. I seem to remember that the plan must provide a payment of at least $800 per month to unsecured creditors. Is my memory correct?
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The analysis starts there. See the Lanning decision (attached). The
court may account for changes in the debtor's income or expenses
that are known or virtually certain at the time of confirmation.
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

The post was migrated from Yahoo.

I have a case where the debtor's disposable income yields a figure of approximately $800 on line 59. However, the disposable income of I and J is approximately $200. I seem to remember that the plan must provide a payment of at least $800 per month to unsecured creditors. Is my memory correct?

The post was migrated from Yahoo.