Type: Amicus
Date: December 11, 2014
Description: Whether debtor may categorically exclude child support from calculation of disposable income.
Result: Affirmed April 23, 2015
Child Support Exclusion Not Reduced By Expense Deduction
The Seventh Circuit rejected the trustee’s argument to limit the debtor’s child support exclusion to those expenses that are not otherwise deductible under section 1325. In re Brooks, No. 14-2856 (7th Cir. Apr. 23, 2015). [Read more…] about Child Support Exclusion Not Reduced By Expense Deduction
Strained Reading of “Derived During” Boots Chapter 7 Case
The Tenth Circuit BAP interpreted the phrase “derived during” to mean that all income received during the 6-month look-back period be included in the current monthly income calculation. Based on this, the court found that the debtor was above-median and his chapter 7 case presumptively abusive under section 707(b)(2). When the debtor failed to convert to chapter 13, the bankruptcy court dismissed the case. The BAP affirmed. In re Miller, No. 14-2 (B.A.P. 10th Cir. Oct. 8, 2014). [Read more…] about Strained Reading of “Derived During” Boots Chapter 7 Case
In re Wolf, No. 14-1346 (4th Cir.)
Type: Amicus
Date: August 4, 2014
Description: Whether above-median debtor’s projected disposable income should be calculated from the statutory formula rather than schedules I and J.
Results: Judgment affirmed November 6, 2014 (debtor won)
Drummond v. Welsh, No. 12-60009 (9th Cir.)
Type: Amicus brief
Date: October 11, 2012
Description: Whether social security income is included in “projected disposable income.”
Result: Judgment affirmed March 25, 2013 – debtor won
In re Mort Ranta, No. 12-2017 (4th Cir.)
Type: Amicus
Date: October 16, 2012
Description: Whether social security income is included in projected disposable income.
Result: Vacated and remanded, July 1, 2013
Anderson v. Cranmer, No. 12-4002 (10th Cir.)
Type: Amicus
Date: June 12, 2012
Description: Whether social security income should be excluded from calculation of projected disposable income.
Result: Judgment affirmed, October 24, 2012
Washington v. Reding, No. 09-0579 (M.D. Ala.)
Type: Amicus
Date: October 29, 2009
Description: Whether unemployment compensation is excluded from CMI as social security benefit.
Result: Affirmed. Debtor lost.
In re Kagenveama, No. 06-17083 (9th Cir.)
Type: Amicus
Date: June 14, 2007
Description: Forward looking vs Mechanical approach to projected disposable income and applicable commitment period.
Result: Affirmed. Debtor won.
Kagenveama 9th Cir opinion
In re Frederickson, No. 07-3391 (8th Cir.)
Type: Amicus
Date: January 8, 2008
Description: Whether applicable commitment period is multiplier or temporal requirement and whether disposable income is projected using schedules I and J.
Result: Reversed. Supreme Court petition denied March 23, 2009.
Frederickson 8th Cir opinion