By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...
Critical Case Comment: Morris v. Quigley
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN
Morris v. Quigley, 2012 WL 718894 (4th Cir, March 7, 2012) (Traxler)
In calculating an above-median income Chapter 13 debtor’s projected disposable income, a debtor should not be permitted to deduct payments for the secured debts which collateral the debtor proposes to surrender.
Case Summary
Susan Quigley filed a Chapter 13 petition and listed ownership of two all-terrain vehicles and a 2004 Ford truck. In calculating her projected disposable income, she deducted the monthly payments on the secured debts . . .
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