Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

Danielson v. Flores (In re Flores), 2012 WL 3803936 (9th Cir, Aug. 31, 2013) (Chen)

Debtors with no “projected disposable income” as calculated on Form 22C do not have a mandatory applicable commitment period and can propose Chapter 13 plans less than 60 months, even after Lanning.

Case Summary

The Flores’ had income above the median for their state and filed a Chapter 13 petition proposing a plan of 36 months with monthly payments of $148. The proposed plan would . . .

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