CRITICAL CASE COMMENT: In re Henderson

In re Henderson, 2011 WL 1467934 (Bankr. D. Idaho, April 18, 2011) (Pappas)

A Chapter 13 debtor with no calculated projected disposable income, the applicable commitment period need not propose a minimum duration of a plan; Kagenveama still has some validity.

Case Summary

The Hendersons’ Schedules I and J revealed monthly net income of $1,140. The calculations on their 22C, however, yielded a negative disposable income of -$184. The difference between the I and J income and the 22C income was because the 22C “expenses” were greater than their actual expenses . . .

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