By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Introduction In 2016, the American Bankruptcy Institute’s president, Eugene Wedoff, retired bankruptcy judge from the Northern District of Illinois, proposed to the ABI Board that a commission be established to examine the current status of consumer bankruptcy laws, rules, and cases with the goal of its making general suggestions...
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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