(Song by Joni Mitchell – first recorded by Judy Collins in 1968) By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) In the simplest terms, bankruptcy has two sides. The debtor is on one side, and the creditor is on the opposite side. Although there are opposite sides in bankruptcy, the system is designed to be non-adversarial....
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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