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February 18, 2010

PROJECTED DISPOSABLE INCOME TEST

Filed under: Uncategorized — admin @ 3:42 pm

In re Fining, No. 06-12593, 2008 WL 2073966 (Bankr. N.D.N.Y. May 14, 2008) (Littlefield) (Because § 1325(b)(l)(B) requires all projected disposable income “will be applied to make payments to unsecured creditors under the plan,” debtor with $182.16 of monthly disposable income must pay at least that amount each j month after confirmation to unsecured creditors; plan that pays attorney fees and secured creditors first and | delays distribution to unsecured creditors for 27 months cannot be confirmed.).
§ 467.1 Projected Disposable Income: All Debtors
In re Lanning, 380 B.R. 17, 24-25 (B.A.P. 10th Cir. 2007) (Bohanon, McNiff, Thurman) (Citing In re Kibbe, 361 B.R. 301 (B.A.P. 1st Cir. 2007) and Pak v. eCast Settlement Corp. (In re Pak), 378 B.R. 257 (B.A.P. 9th Cir. 2007), disposable income calculated consistent with Form B22C is starting point to determine projected disposable income.

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