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Critical Case Comment: Morris v. Quigley
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN
Morris v. Quigley, 2012 WL 718894 (4th Cir, March 7, 2012) (Traxler)
In calculating an above-median income Chapter 13 debtor’s projected disposable income, a debtor should not be permitted to deduct payments for the secured debts which collateral the debtor proposes to surrender.
Case Summary
Susan Quigley filed a Chapter 13 petition and listed ownership of two all-terrain vehicles and a 2004 Ford truck. In calculating her projected disposable income, she deducted the monthly payments on the secured debts . . .
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