Chapter 13 plan did not discriminate unfairly against unsecured creditors that were not student loan creditors even though, under the plan, debtors were to pay student loan debt directly because all of debtors’ projected disposable income was devoted to unsecured creditors pool, allowing non-student-loan creditors, to which entire UCP would be devoted, to receive pro rata share equal to or...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee
In re Currie, 2015 WL 5474475 (Bankr. C.D. Ill. September 17, 2015) (Gorman)
The full amount of the IRS Local Standards can be deducted from a debtor’s Current Monthly Income in order to determine the debtor’s Projected Disposable Income and if the debtor owns a home, the court is not required to differentiate between a housing/utilities portion and the mortgage/rent portion.
Case Summary
Patricia Currie filed a Chapter 13 bankruptcy petition in July of 2014 and calculated her Projected Disposable Income . . .
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