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...
Applicable Commitment Period
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By The Honorable William Houston Brown (Retired)
(Judge Brown prepares quarterly updates of consumer law developments for the Federal Judicial Center, which circulates the updates to bankruptcy judges.)
Applicable commitment period applies to debtors with no projected disposable income. The Ninth Circuit, en banc, overruled one aspect of Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868 (9th Cir. 2008), holding that § 1325(b)(1)(B) requires for confirmation that the length of the plan must be at least equal to § 1325(b)(4)’s applicable commitment period. Even . . .
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