Related Keywords: Applicable commitment period . Best interest of creditors test . Chapter 13 Plan Modification .
Sometimes debtors want to propose extra contractual rights regarding disclosure of how the creditor is applying payments or timing of payments. Creditors often object. Here are cases that discuss various plan proposals.
Payments for domestic support get priority treatment under a chapter 13 plan. (i.e. they get paid first) So it matters allot whether a debt is classified as this kind of debt. Lately there have been cases that are expanding this definition to include repayment of welfare or foodstamp overpayments.
Section 1329 governs plan modification
Section 1332(b)(2) prevents cramdown of residential mortgages which it describes as claims secured by a primary residence. Here are cases that talk about whether specific fact patterns do or do not fit within the protection of this section.
Uses §707 (b)(2)(A)(ii)(I) (via for Chapter 13 § 1325(b)(1)(B): "applicable commitment period." (i.e. plan length 3 or 5 years). (Same code section that determines Chapter 7 "presumption of abuse" in means test.)
§707 (b)(2)(A)(ii)(I) = "disposable income" (snapshot of "current monthly income" (CMI) at time of filing)
§ 1325(b)(1)((B) = "projected disposable income" (forward-looking, but by what method? consider actual facts or apply mechanical projection of 'snapshot' over next 60 months.)
"Under the law predating BAPCPA, a chapter 13 plan may not be confirmed over the objection of the trustee or an unsecured creditor unless the debtor either pays unsecured creditors in full or devotes all "projected disposable income" to the plan for at least three years. Section 1325(b).
BAPCPA makes several important changes in the calculation of disposable income,
If the debtor's annualized current monthly income is larger than the State's median, allowable expenses are determined as provided by the means test under § 707(b)(2).
Conversely, if the debtor's annualized current monthly income is smaller than the State's median, then allowable expenses are those that are reasonably necessary for the maintenance and support of the debtor and the debtor's dependents without reference to § 707(b)(2)importing for some purposes the provisions of 11 U.S.C. § 707(b)(2) allowances and calculations.
Finally, the BAPCPA introduces a new term in § 1325(b)(1)(B): "applicable commitment period." If the annualized current monthly income of the debtor and the debtor's spouse is above the State median, the debtor must pay all disposable income into the plan for a five-year period. However, if the annualized current monthly income of the debtor and the debtor's spouse is below the State median, the debtor must pay all disposable income into the plan for only three years. "
http://www.almb.uscourts.gov/BankruptcyReformImplementation/means_test_dhw.pdf
Because student loan debt is nondischargeable, debtors tend to want to give it more attention than other unsecured debts when it comes to their Chapter 13 plan. These cases explore various attempts to do that inside of "outside" the plan.
A debtor's income determines the lenght of a Chapter 13 plan, also called the "applicable commitment period" that is the result of the Chapter 13 version of the means test. (See section § 132___ . Caselaw centers on timing income measurement in conversions from Chapter 7 (do you restart the clock?), whether a zero-payment plan has to be 5 years, and issues about certain types of income that is excluded from income for this'bright-line" provisio, while still relevant under other parts of the code (e.g. good faith, ability to pay, etc.)