The decisions of our sister circuits support this conclusion. In Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), the Sixth Circuit considered a claim made by a Michigan trustee under similar circumstances. The Baud trustee was also trying to convince the court to recognize social security benefits as projected disposable income. See id. at 330.
Baud v. Carroll, 2011 U.S. App. LEXIS 2182 (6th cir. mich. 2011). Where a Chapter 13 plan does not propose to pay unsecured creditors in full and an objection to confirmation is filed, a debtor with positive projected disposable income must propose a plan which extends for the applicable commitment period.
Richard L. Baud, et ux. v. Krispen S. Carroll. from the united states court of Appeals for the Sixth Circuit. See other cases from the Sixth Circuit. Docket Entries. on January 9, 2012.. Richard L. Baud, et ux., Petitioner, represented by J. Brett Busby Krispen S. Carroll,
Mr. Schneider received his B.A. and his J.D. degrees from Wayne State University in Detroit, Michigan. He is a member of the State Bar of Michigan and is admitted to practice before the U.S. District Courts in the Eastern and Western Districts of Michigan, the Sixth Circuit Court of Appeals and the United States Supreme Court.
Mortgage Law : Town of Coventry v. Baird Properties, L.L.C. This case came before the Supreme Court on October 27, 2010, pursuant to an order directing the parties to appear and show cause why the issues in this appeal should not summarily be decided.
V. Conclusion For the foregoing reasons, the Bankruptcy Court’s February 14, 2009 order confirming debtors’ amended Chapter 13 plan is REVERSED and the case is REMANDED to the Bankruptcy Court to allow Debtors to modify their amended Chapter 13 plan in a manner consistent with this opinion.
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Baud v. Carroll, No. 11-27 (U.S.)The U.S. Courts of Appeals agree that where an above-median-income debtor has positive disposable income, as calculated under section 1325(b)(2) of the Bankruptcy Code and the applicable form, the debtor’s Chapter 13 plan must run for five years.
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Baud v. Carroll, 2011 U.S. App. LEXIS 2182 (6th Cir. Feb. 4, 2011); Whaley v. Tennyson. Specifically, the Circuit Court in Baud identified the following four camps: [One] The United States Court of Appeals for the Eleventh Circuit and a majority