In re Royal: Defining Projected Disposable Income Post-BAPCPA

Keisha Hooks, staff attorney for Chapter 13 Trustee, Marilyn O. Marshall (N.D. Ill.), provides an analysis of a bankruptcy court decision addressing the complicated question of “projected disposable income”.

The enactment of BAPCPA has forced bankruptcy courts to answer a legitimate, yet previously overlooked question-are the terms “disposable income” and “projected disposable income” synonymous? Pre-BAPCPA, I suspect that most practitioners never distinguished between the two terms, and in fact, used them interchangeably. As of late, however, the distinction is made regularly in bankruptcy courts across the nation. The conundrum exists because “projected disposable income”, the amount . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

June 16, 2019
On 6/14/19, the CFPB (Bureau) announced a settlement with Student CU Connect CUSO, LLC (CUSO), a company set up to hold and manage private loans for students at ITT Technical Institute. The Bureau filed a complaint and a proposed stipulated judgment in federal district court for the Southern District of Indiana alleging that CUSO provided substantial assistance to ITT Educational...
William-1_print_2019
“We have observed consumers who seem to be focused principally on their credit scores, . . . rather than focusing on . . . a more critical immediate focus on their balance sheets . . .”
Members
Mark
June 12, 2022
In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t dependent on new bankruptcy cases. As debtor attorneys around the country wait for bankruptcy cases to return to pre-COVID levels, I hope these articles might inspire others to create income for themselves while obtaining valuable remedies for their clients. Today,...
Members
November 15, 2020
Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...
Members
Copy of Hildebrand-2016
February 20, 2022
Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....
Members
August 9, 2020
By The Honorable William Houston Brown (Retired) Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that...
Members
March 24, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...
Members
June 23, 2019
Members of the military and their families often qualify for special tax benefits. For example, members of the armed forces don’t have to pay taxes on some types of income. In addition, special rules could lower the tax they owe or allow them more time to file and pay their federal taxes. Here are some of these special tax benefits:...
February 24, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No...
Members
April 7, 2019
By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan ($100 for 36 months is NOT $4,936.87 no matter how many times it is repeated); saying “the Trustee is right” distinctly in open...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: