A Chap. 13 projected disposable income calculation should use the amount of actual plan payments to secured creditors, rather than the amount contractually due, as the plan likely alters the amount due & the statute refers to plan's effective date.
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Because § 1325(b)(1) refers to payments as of the plan's effective date, a debtor who has avoided a junior lien on his residence as wholly unsecured cannot deduct that mortgage payment as a secured debt when calculating projected disposable income.
Debtors may claim a homestead exemption in a motor home moved to their real estate and used as temporary living quarters while they made improvements to a house located on the property. They demonstrated an intent to occupy the premises as their home.
The debtor's confirmed Chapter 12 plan was a binding contract and was res judicata as to the amount of the creditor's claim. The debtor couldn't modify the lienholder's rights without first challenging the claim or avoiding the security interest.
The court denied summary judgment to the defendant/non-debtor spouse on the trustee's avoidance action because fact questions existed about some transfers, including post-petition stock transfers and the source of funds for payment of expenses.
A finding regarding the ownership of jointly held stock by the non-debtor spouse in a dischargeability action did not collaterally estop the trustee from pursuing an avoidance action against her alleging fraudulent or preferential transfers.
The debtors' mortgage lenders had been overpaid due to their inaccurate records, so a determination was needed as to how the overpayments should be applied as among the lenders, the debtors, and the trustee. The court strongly suggested settlement.
The court granted debtors' motion to avoid lien because the total of liens and exemption exceeds debtors' interest absent liens, and is avoided by amount of difference. The amount of difference exceeds the lien amount, so the lien is avoided in full.
The debtor's activities did not rise to the level of gross mismanagement or fraud and did not warrant the appointment of a trustee. However, an examiner could be appointed to investigate the debtor, but only if the movants were willing to pay the fees.
The court deferred the creditor's motion for relief from stay to allow the debtors to become fully current on post-petition payments and to pay the creditor's costs, within a month. If the debtors were unable to do so, relief would be granted.