Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

CASE SUMMARY

Pliler v. Stearns (In re Pliler), 2014 WL 1259569 (4th Cir. March 28, 2014): On their Form 22C, the above-median debtors showed negative monthly disposable income. The plan proposed a zero return to nonpriority unsecured creditors and included “early termination” language allowing the case to be deemed completed within 55 months. The bankruptcy court denied confirmation unless the plan required payments for the applicable commitment period of 60 months. The debtors appealed arguing that the . . .

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