By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of Tennessee
In re Reed, 2011 WL 3801859 (Bank. D.Or., Aug. 9, 2011) (Perris)
In the Ninth Circuit, when an above-median income Chapter 13 debtor has no (or negative) projected disposable income as calculated using the mechanical approach, there is no applicable commitment period for a debtor’s Chapter 13 plan, so the plan need not last five years.
The Reeds’ income exceeded Oregon’s median income for a family of their size, and their Chapter 13 plan . . .
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