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Renee C. Reinsch, Ch. 13, BK12-80748-TLS (Jan. 23, 2013)

The court overruled a creditor’s objections to confirmation, ruling (1) the debtor’s gross monthly income was not understated, and even if it was, it still was less than she proposed to pay to unsecured creditors; (2) the debtor’s 20-year-old full-time out-of-state college student daughter was part of the household economic unit and should be included in household size when calculating expenses on the means test; (3) the debtor’s disposable income was properly calculated by using the standard expenses on the means test, so reference to her Schedule J expenses was unnecessary; and (4) the debtor could deduct the full amount of the child support she receives because the evidence indicates the full amount is “reasonably necessary to be expended” for the child.

Wednesday, January 23, 2013