Critical Case Comment: Morris v. Quigley

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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