Ninth Circuit Overturns Kagenveama

By Kathleen McCallister, Chapter 13 Trustee for the District of Idaho

In a case called Danielson v. Flores (In re Flores)[1] an en banc panel of the Ninth Circuit Appellate Court overturned Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 875 (9th Cir. 2008) which had been the law in the Ninth Circuit since 2008. In 2008 the Ninth Circuit Court of Appeals issued a written opinion in Kagenveama which had two findings. First, the Court held that the term “projected disposable income” did not connote a forward looking concept . . .

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