Case Summary In re Musselman (Musselman v. eCast Settlement Corp.), 394 B.R. 801, E.D.N.C., 09/30/08, 13, Above

In re Musselman (Musselman v. eCast Settlement Corp.), 394 B.R. 801 (E.D.N.C. 2008)

Topics

• 8. Chapter 13: How is "Projected Disposable Income" Calculated for Above Median Income Debtors

  Form 22A Line: 18 :: Form 22C Line: 17

  Case Type: A - Use means test disposable income (preceding six month avg.) on form 22C and apply a multiplier to get Ch 13 projected disposable income

  
  
  

• 11. Local Standards: Housing and Utilities AND Mortgage/Rent Expense

  Form 22A Line: 20B :: Form 22C Line: 25B

  Case Type: B - Debtor NOT entitled to whole IRS housing expense allowance if actual expense is less

  Debtor entitled to IRS allowance for housing, even if the actual expense is less
  
  

• 12. Local Standards: Transportation: vehicle operation expense

  Form 22A Line: 22A :: Form 22C Line: 27A

  Case Type: A - Debtor entitled to operation expense, even if actual expense is less

  Debtor entitled to operation expense, even if actual expense is less
  
  

• 13. Secured Debts: Mortgage Payment Deduction where Property is to be Surrendered

  Form 22A Line: 42 :: Form 22C Line: 47

  Case Type: -

  secured debt payment for non-necessary items are deductible as contractually due
  
  

• 17. Chapter 13: "applicable commitment period" issues / rebuttal / conversions § 1325(b)

  Form 22A Line: 15 :: Form 22C Line: 17

  Case Type: E -

  If a debtor has zero or negative "projected disposable income," then there is nothing "to be received in the applicable commitment period." Id. If there is nothing for a debtor to receive in the "applicable commitment period," there is nothing to "appl[y] to make payments, to unsecured creditors under the plan." Id. If none of the subsection's provisions are relevant to a debtor's situations, then that subsection does not apply. Therefore the term "applicable commitment period" simply does not apply to Musselman.
  
  

• 42. Chapter 13: Length of plan for above median income debtors

  Form 22A Line: 18 :: Form 22C Line: 17

  Case Type: -

  If a debtor has zero or negative "projected disposable income," then there is nothing "to be received in the applicable commitment period." Id. If there is nothing for a debtor to receive in the "applicable commitment period," there is nothing to "appl[y] to make payments, to unsecured creditors under the plan." Id. If none of the subsection's provisions are relevant to a debtor's situations, then that subsection does not apply. Therefore the term "applicable commitment period" simply does not apply to Musselman.
  
  

FAQ/Help:

How to use case law (it can be tricky)

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

Also, you need to be familiar with the concept of "jurisdiction." Here are some helpful links:

When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type).  Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound  to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."

Are these all the bankruptcy cases there are?

NO! NO! NO! This is a start for your research. New cases are constantly being decided. I update this when I have time. This is only a fraction of the actual published opinions out there. Dozens of cases are handed down nationwide every week. I catalog interesting ones when I have time. They are meant to serve as a starting point for your research -- NOT as a comprehensive listing of the current state of the law.