Critical Case Comment – In re Renteria, 2009 WL 5091917 (S.D. Cal. Dec. 17, 2009) (Benitez)

In re Renteria, 2009 WL 5091917 (S.D. Cal. Dec. 17, 2009) (Benitez)

Projected disposable income in a Chapter 13 plan is to be distributed to general unsecured creditors; the term “unsecured creditors” includes only non-priority unsecured creditors.

Summary of the Case

The debtors’ proposed a Chapter 13 plan and calculated their payments based upon the calculations of Form 22C. The debtors argued that the pool of funds calculated from the completion of the form – the . . .

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