Title Dana Wick
Entered
Case Number
08-11530
Summary

Chapter 13 trustee objected to confirmation of debtor’s proposed plan which committed all of the debtor’s “projected disposable income” as calculated under the applicable statute, but permitted debtor to continue making mortgage payments in excess of what the Chapter 13 trustee argued was a reasonable amount for a housing allowance under Debtor’s circumstances. The court, Duncan W. Keir, C.J., held that it would not redefine “disposable income” based on the argument that the secured installment payments appeared disproportionate to the needs of debtor. The court also determined that the plan was proposed in good faith under the facts of this case.

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