Baud v. Carroll, 2011 WL 338001 (Sixth Cir. Feb. 4, 2011) (Cole)

CRITICAL CASE COMMENT

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee.

Baud v. Carroll, 2011 WL 338001 (Sixth Cir. Feb. 4, 2011) (Cole) (Published at ConsiderChapter13.org 2/14/11)

The applicable commitment period of a Chapter 13 plan requires payments to be made over a time equal to the applicable commitment period; a debtor’s projected disposable income excludes benefits received under the Social Security Act; and there is no exception to the temporal requirement for debtors with a negative projected disposable income.

Case Summary

The Bauds . . .

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