Chapter 13 payment amount

There is a clear district court decision holding that the means test, not I/J, controls for confirmation of Chapter 13 bankruptcy plans for over-median debtors; Mancl v. Chatterton (In re Mancl), 381 B.R. 537. I have a case that squarely presents the issue, largely due to Social Security income that is excluded from the means test. We have proposed payments well under the I/J surplus. The same trustee has objected anyway, suggesting on rather murky grounds that I/J controls despite the above decision. The bankruptcy judge is the one whose decision was overturned in Mancl; he acknowledges that decision, but doesn’t exactly worship it. He suggests that even if a plan is confirmed for less than the I/J surplus, the trustee could immediately move to amend the plan, and has asked for briefs from the bankruptcy attorneys. After reading my brief the trustee decided I was right and conceded. It wasn’t a particularly strong brief I just think at the time the bankruptcy trustee didn’t completely appreciate the exclusion from social security income. Whether B22 controls in a 13 is before Seventh Circuit, briefing is almost finished. Above median income case. US filed amicus, I’ve only read a few pages but it appears that they like the Kibbe decision, among others Chapter 13 trustee s arguing for B22 controlling – in this case it means debtor pays more money. I had a below median income case with this trustee where I argued for B22 controlling, because that would have meant that my client wouldn’t have to pay over her earned income credit every year, and trustee argued that B22 doesn’t control.

_{»crosslinked«}