Critical Case Comment – In re Turner, 2009 WL 2136867 (7th Cir. July 20, 2009) (Posner)

In re Turner, 2009 WL 2136867 (7th Cir. July 20, 2009) (Posner)

An above-median income debtor should not deduct secured payments scheduled as contractually due on collateral that is to be surrendered in the Chapter 13 plan in calculating projected disposable income.

Summary of the Case

Joel Turner, an above-median income debtor, calculated his projected disposable income by deducting a $1,521 monthly mortgage payment from his current monthly income for the 60-month period . . .

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