Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

In re Haroldson, 2016 WS 3034794 (Bankr. D. Colo., May 19, 2016)

An above-median income Chapter 13 debtor is not permitted to take a mortgage/rent expense deduction when the debtor’s non-filing spouse is the owner of the property and the debtor has no obligation on a mortgage.

Case Summary

Michael Haroldson filed a Chapter 13 petition. His wife did not join him in filing the petition.

In calculating the disposable income required to fund a Chapter 13 plan, Michael . . .

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