In re Hernandez, No. 11-21090, 2012 WL 1067692, at *2–*3 (Bankr. D. Wyo. Mar. 23, 2012) (McNiff)

Applicable commitment period is determined as of effective date of the plan; stepchildren resulting from remarriage after petition but before confirmation are included in household size for § 1325(b)(3) purposes. At the petition, debtor claimed household size of three. Subsequent to petition, debtor remarried and new spouse brought two stepchildren to live with debtor. Debtor amended Form B22C, asserting household size of five. “This court finds the analysis of the Bankruptcy Code in [In re Anderson, 367 B.R. 727 (Bankr. D. Kan. Apr. 13, 2007) (Berger),] persuasive. The clear language of the statute reflects that upon the trustee’s objection of [sic] a plan under § 1325(b)(1), the Debtor’s applicable commitment period is determined, upon the effective date of the plan or its confirmation. . . . ‘In the “dependant” approach, the debtor must have reasons to provide support for a dependant and the claimed dependant must have a reason to rely on the debtor.’ . . . [T]he Debtor meets the standards to claim his spouse and stepchildren as dependents for the purpose of determining household size. The spouse and children have been living with the Debtor for one[ ]year; the parties have married; the children are minors; the spouse does not have an independent income source . . . ; both children and the Debtor’s spouse will be claimed as an IRS deduction in their joint return for 2011.”

No Author Biography has been linked to this Article.

Related Articles

NBR cropped 2
November 26, 2023
“ . . . how can I not write about an opinion that begins, “This is a case of sue first and ask questions later”? We all know that Judge Christopher Klein has a way with words and a precise and methodical way of approaching statutory analysis.”
Members
samantharuben
May 14, 2023
(Reprinted with permission.  Bankruptcy Court Liaison Committee Newsletter – Spring 2023 (Northern District of Illinois)) During her tenure as a bankruptcy judge for nearly 24 years, Judge Carol A. Doyle has presided over countless chapter 7, 11, and 13 cases, leaving a lasting impact on the Chicago bankruptcy landscape.  She has been a dedicated and respected member of the bankruptcy...
Copy of Hildebrand-2016
Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...
Members
Copy of Hildebrand-2016
I never set out to be a bankruptcy lawyer, much less a trustee. It was always my intent to be trial lawyer. The thrill of victory, the agony of defeat, and the captive audience of a jury; having to think fast on your feet was exciting. Facing jurors and witnesses with a modicum of confidence was what my view of...
emily-connor-kennedy
March 6, 2022
There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in...
Members
supremecourt
Members
October 18, 2020
By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Can the trustee challenge the debtor’s attorney’s fee? In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract...
Members
June 21, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...
Members
November 15, 2020
By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Is the trustee’s service worth her commission? The Eleventh Circuit recently issued its opinion in In re Dukes, 909 F.3d 1306 (11th Cir. 2018), which spoke primarily to the issue of what it means for a mortgage to be “provided for” in the plan. The court found...
Members
rmichaelsmith
October 23, 2022
The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both short-sighted, as well as a “red herring” argument. It does not...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: