Marshall v. Blake

(7th Cir. Mar 22, 2018)

The Seventh Circuit affirms the bankruptcy court after determining it has jurisdiction to hear the direct appeal from the bankruptcy court pursuant to Bankruptcy Rule 8008. The court holds that the bankruptcy court correctly overruled the trustee’s objection to confirmation of the Chapter 13 plan. The plan appropriately applied the debtor’s tax credit and refund to the debtor’s disposable income calculation by converting it to an increase to monthly income. The trustee argued that the refund should be applied to additional plan payments and that it was inappropriate to apply it to the debtor’s monthly income. Opinion below.

Judge: Flaum

Attorney for Trustee: Lauren L. Tobiason

Attorneys for Debtor: James A. Brady, Jamie F. Reisman

2018-03-22 – in re blake

Author: Matt Lindblom

In re Brooks

(7th Cir. Apr. 23, 2015)

The trustee argued that child support payments should not be categorically excluded from the calculation of a chapter 13 debtor’s disposable income. The debtor was an above-median debtor receiving $400 per month in child support payments. The trustee contended this amount should not be excluded from her disposable income because she also applied the standard deductions, which, he argued, duplicated expenses that would be covered by the child support payments. The Seventh Circuit holds that the bankruptcy court correctly excluded the payments from the debtor’s disposable income. Opinion below.

2015-04-23 – in re brooks

Author: Matt Lindblom