In re Smith

(Bankr. S.D. Ind. Oct. 6, 2016)

The bankruptcy court sustains the trustee’s objection to confirmation of the debtor’s chapter 13 plan. The proposed plan provided for monthly payments for three years, but the Court finds that the applicable commitment period should be five years. The debtor argued that he should have a “marital adjustment” for loan payments on which his wife is contractually obligated, but the Court holds that those payments should be included in the calculation of the debtor’s combined monthly income, and thus the applicable commitment period is five years. Opinion below.

Judge: Carr

Attorney for Debtor: John Steinkamp & Associates, John T. Steinkamp

Trustee: Ann M. DeLaney


Author: Matt Lindblom