Kagenveama survives Lanning
Posted: Fri Aug 31, 2012 4:30 pm
Bankruptcy
Law
In
re: Cesar Ivan Flores, No. 11-55452
In Chapter 13 proceedings, the bankruptcy court's order sustaining the
trustee's proposed plan of reorganization with a duration of 60 months, rather
than the debtors' proposed 36-month plan, is reversed and remanded, as Lanning
is not clearly irreconcilable with Kagenveama's construction of
"applicable commitment period," and the current Ninth Circuit
precedent plainly allows debtors with no "projected disposable
income" to confirm a plan in shorter duration than the applicable commitment
period found in 11 U.S.C. section 1325(b).Read
more...
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