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James M. Cordle & Kimberly K. Cordle, Ch. 13, BK08-82332-TLS (Mar. 19, 2009)

The court denied confirmation of the debtors’ Chapter 13 plan, on precedent from the 8th Circuit that “projected disposable income” indicates a mandate to the bankruptcy court to make a reality-based determination of how much a debtor can afford to pay. In this case, the court found “that Debtors can afford to pay substantially more than they propose to pay pursuant to their plan. Specifically, retention of a boat and travel trailer in which Debtors have little or no equity, and payment to the creditors secured thereby of more than $31,000.00 over the course of the plan, is not reasonably necessary for the maintenance or support of Debtors.” While the means test of § 707(b)(2) appears to authorize the deduction of secured debt payments when determining amounts reasonably necessary to be expended, the means test calculation is merely a starting point for determining projected disposable income. Under the reality-based determination of the debtors’ ability to pay, “it is clear that the amounts paid for a boat and travel trailer used for recreational purposes are not reasonably necessary and, therefore, those amounts should be made available to unsecured creditors under the plan.”

Date: 
Thursday, March 19, 2009
Judge: 
Judge Thomas L. Saladino