Critical Case Comment: Drummond v. Welsh

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

Drummond v. Welsh (In re Welsh), 465 B.R. 843 (Ninth Cir. BAP, Feb. 17, 2012) (Perris)

The means test allows a debtor to deduct from current monthly income payments on secured debts regardless of whether the collateral is necessary; a debtor need not take into account Social Security income to satisfy the good faith requirements of § 1325.

Case Summary

The above-median debtors proposed a 60-month Chapter 13 plan in which they proposed to pay their unsecured creditors . . .

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