From the Editor – Applicable Commitment Period

By The Honorable William Houston Brown (Retired)

Fourth Circuit holds that above-median debtor must maintain 60-month plan. The above-median debtors, who had negative disposable income, proposed a plan that contained early termination language permitting completion in 55 months, but that would not pay unsecured creditors in full. The bankruptcy court denied confirmation and direct appeal to the Fourth Circuit resulted in holding that the applicable commitment period is a temporal requirement. Such debtors must either maintain a full 60-month plan or pay unsecured creditors in full. In dicta, the court also stated . . .

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