Critical Case Comment – In re Thissen, 2009 WL 376768 (Bankr. E.D. Cal. February 12, 2009)

In re Thissen,
2009 WL 376768 (Bankr. E.D. Cal. February 12, 2009)

An above-median income Chapter 13 debtor may not deduct contractual payments on junior liens which would be voided and paid as unsecured in the debtor’s plan in calculating projected disposable income.

Summary of the Case

The Thissens had three mortgages on their home when they filed their Chapter 13 petition in November of 2008. The first mortgage was in favor of Countrywide in . . .

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