Can Negative Projected Disposable Income Offset Positive Projected Disposable Income?

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL

A number of important questions about § 1325(b), the disposable income test, have been resolved or, at least, appear to be near a final resolution. The Supreme Court, in Hamilton v. Lanning, determined that a debtor’s disposable income is just a presumptive starting point when determining “projected disposable income.”1 Federal Circuit Courts of Appeal interpreting the “applicable commitment period” are currently in unanimous agreement that even when disposable income is negative, an . . .

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