19 Cited authorities

Hamilton v. Lanning
560 U.S. 505 (2010) Cited 594 times 1 Legal Analyses
Holding that courts must calculate “ projected disposable income,” which is not statutorily defined, using a “forward-looking” approach
Ransom v. FIA Card Services, N. A.
562 U.S. 61 (2011) Cited 518 times 1 Legal Analyses
Holding that a court's "interpretation of the Bankruptcy Code starts where all such inquiries must begin: with the language of the statute itself"
In re Devilliers
358 B.R. 849 (Bankr. E.D. La. 2007) Cited 84 times
Finding that contributions are excluded from disposable income pursuant to § 541(b) and "are not a deduction because they were never included in the first instance."
In re Nowlin
576 F.3d 258 (5th Cir. 2009) Cited 71 times
Holding that, should debtor's financial circumstances improve, a trustee may seek amendment under 11 U.S.C. § 1329 to modify the confirmed plan
Beaulieu v. Ragos (In re Ragos)
700 F.3d 220 (5th Cir. 2012) Cited 55 times
Holding that social security benefits are excluded from the projected disposable income calculation
In re Stanley
224 F. App'x 343 (5th Cir. 2007) Cited 47 times
Holding that the bankruptcy court's finding of willful and malicious intent was not in clear error, based on a reading of the entire record
Public Finance Corp. v. Freeman
712 F.2d 219 (5th Cir. 1983) Cited 92 times
Affirming finding of good faith in proposal of zero payment to unsecured creditors under standard of "totality of circumstances"
In re Owsley
384 B.R. 739 (Bankr. N.D. Tex. 2008) Cited 22 times
Holding that all secured debts must be "reasonably necessary" to be allowed under § 707(b)
In re Smith
549 B.R. 188 (Bankr. N.D. Miss. 2016) Cited 4 times
Confirming an above-median income chapter 13 plan where the debtor's projected disposable income was negative and the plan provided for no distribution to general unsecured creditors, despite the fact that debtor's Schedules I and J reflected that the debtor had surplus monthly net income
In re Hall
559 B.R. 463 (Bankr. S.D. Tex. 2016) Cited 2 times
CASE NO: 16-20057 10-04-2016 In re: Peggy A. Hall, Debtor(s) Ralph Perez, The Perez Law Firm, Adelita Cavada, Corpus Christi, TX, for Debtor. Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE Ralph Perez, The Perez Law Firm, Adelita Cavada, Corpus Christi, TX, for Debtor. MEMORANDUM OPINION Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE This Memorandum Opinion resolves Chapter 13 Trustee Cindy Boudloche's objection to confirmation of Peggy Hall's Second Amended Chapter 13 Plan. (ECF Nos. 47; 45). Boudloche
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,399 times 78 Legal Analyses
Determining the validity, extent, or priority of liens
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,691 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,716 times 210 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 1325 - Confirmation of plan
11 U.S.C. § 1325 Cited 6,777 times 18 Legal Analyses
Determining applicable commitment period

David DeWayne Price and Cheryl Ann Price

19 Cited authorities

Holding that courts must calculate “ projected disposable income,” which is not statutorily defined, using a “forward-looking” approach

Holding that a court's "interpretation of the Bankruptcy Code starts where all such inquiries must begin: with the language of the statute itself"

Finding that contributions are excluded from disposable income pursuant to § 541(b) and "are not a deduction because they were never included in the first instance."

Holding that, should debtor's financial circumstances improve, a trustee may seek amendment under 11 U.S.C. § 1329 to modify the confirmed plan

Holding that social security benefits are excluded from the projected disposable income calculation

Holding that the bankruptcy court's finding of willful and malicious intent was not in clear error, based on a reading of the entire record

Affirming finding of good faith in proposal of zero payment to unsecured creditors under standard of "totality of circumstances"

Holding that all secured debts must be "reasonably necessary" to be allowed under § 707(b)

Confirming an above-median income chapter 13 plan where the debtor's projected disposable income was negative and the plan provided for no distribution to general unsecured creditors, despite the fact that debtor's Schedules I and J reflected that the debtor had surplus monthly net income

Determining the validity, extent, or priority of liens

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Determining applicable commitment period