Debtor: Rhea K. Simms
Counsel for Debtor: Jeffrey M. Sirody
Chapter 13 Trustee: Ellen Cosby
The Chapter 13 Trustee filed an objection to confirmation of the debtor’s chapter 13 plan on the grounds that the debtor had not committed all her projected disposable income for the applicable commitment period to the plan as required. The Bankruptcy Court, Duncan W. Keir, Chief J., denied confirmation with leave to amend because the debtor’s plan was funded significantly below the disposable income shown on the B22C form, which form did not list a marital adjustment for the non-debtor’s spouse’s arguably unavailable income. Debtor’s argument that her non-filing spouse refused to contribute his income to the plan was not the type of change to anticipated funding that would lead the court to deviate from using the B22C calculation as the required level of funding. The Court granted the debtor leave to amend the plan or the marital adjustment taken on the B22C statement, but cautioned that the court must carefully scrutinize issues of good faith in confirming a plan or an amended B22C statement under stated circumstances.