Critical Case Comment – Nowlin v. Peake, 2009 WL 2105356 (5th Cir. July 19, 2009) (Elrod)

Nowlin v. Peake, 2009 WL 2105356 (5th Cir. July 19, 2009) (Elrod)

A debtor’s disposable income is presumptively the debtor’s projected disposable income but any party may rebut this presumption by presenting evidence of present or reasonably certain future events that substantially change the debtor’s financial situation.

Summary of the Case

Pamela Nowlin filed a Chapter 13 petition in September of 2006 and, in calculating her projected disposable income, she took as deductions her . . .

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