Phoenix, AZ
Bankruptcy and debt Lawyer at Phoenix, AZ
Practice Areas: Bankruptcy & Debt, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
OUTCOME: (1) Overruled by In re: Flores, 735 F.3d 855 (9th Cir. 2013 en banc); (2) Overruled by In re: Lanning, 130 S. Ct. 2464 (S. Ct. 2010)
Determined that (1) applicable commitment period is temporal and linked to the existence of disposable income; and that (2) projected disposable income is mechanical calculation of disposable income as ... defined by 11 USC 1325(b)(2), projected over the applicable commitment period.
OUTCOME:
Terms of confirmed Chapter 13 Plan supersede Chapter 13 Trustee's filed conditional objections to exemptions.
OUTCOME: Overruled by Ransom v. FIA Card Services, 131 S. Ct. 716 (S. Ct. 2011)
Debtor is entitled to deduct standard vehicle ownership expense as "applicable monthly expense amount" specified under Internal Revenue Service Guidelines, though debtor owned automobile outright and h ... ad no payments thereon.
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