Baud v. Carroll

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Researchers say, for example, that you getting to bed late because your partner is a night owl is because of their genes Amelie Baud, a geneticist at the European bioinformatic institute (embl-ebi),

In Re: Baker & Getty Financial Services, Inc., Debtor. Wesbanco Bank Barnesville, Plaintiff-Appellant/cross-Appellee v. Carl D. Rafoth, Trustee, Customer Creditors.

must be calculated under 707(b)(2). See also Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011). Section 1325(b)(2)(A)(i) is not an invitation to deduct additional expenses which are not included in the means test. Any understanding of projected disposable income is premised on disposable income.

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1 THE MEANS TEST – KEEP MOVING TO THE EGRESS© By John P. Gustafson January 10, 2013 Standing Chapter 13 Trustee A. This Is Not The Old Debtor-Friendly Bankruptcy Code.

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Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), cert. den., 132 S.Ct. 997 (U.S. Sup. Ct. 2012) (court held that above-median debtor with positive disposable income (as calculated under 11 U.S.C. §1325(b)(2)) must have a Chapter 13 plan that is for five years in accordance with court’s construction of 11 U.S.C. §1325(b)(1)(B); but, there is a.

Today the Supreme Court denied certiorari in the case of Baud v.Carroll, which raised the issue of the appropriate applicable commitment period for an above-median income debtor with no “projected disposable income.” The Sixth Circuit Court of Appeals held below that above-median income debtors with no projected disposable income must propose five year plans if the trustee or unsecured.

The issue is not whether the Debtor can amend her schedules to show the increased household size. She can.[9] The issue is as of what date the Applicable Commitment Period for the Debtor’s Chapter 13 plan is determined and the extent to which the Debtor’s post-petition and pre-confirmation change of household size affects the calculation of the Applicable Commitment Period.

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V. Conclusion For the foregoing reasons, the Bankruptcy Court’s February 14, 2009 order confirming Debtors’ amended Chapter 13 plan is REVERSED and the case is REMANDED to the Bankruptcy Court to allow Debtors to modify their amended Chapter 13 plan in a manner consistent with this opinion.

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