United States Tenth Circuit

For purposes of calculating the "projected disposable income" of an above-median Chapter 13 debtor under amendments to the bankruptcy code effected by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the circuit court adopts the "forward-looking approach," wherein a Chapter 13 debtor's six-month, pre-petition "disposable income" (as defined by statute) is presumed to be the debtor's "projected disposable income" for purposes of establishing the monthly sum that the debtor must commit to repayment of unsecured creditors in order to advance a confirmable payment plan and overcome objections to it. Also, the amount of projected disposable income is rebuttable upon a showing of special circumstances at the time of plan confirmation.

Appellate Information

• Decided 11/13/2008
• Published 11/14/2008

Judges

• BRORBY, Senior Circuit Judge., Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Teresa L. Rhodd, Jan Hamilton, Chapter 13 Trustee's Office, Topeka, Kansas, for Appellant., Jeffrey S. Bucholtz, Acting Assistant Attorney General, William Kanter, Edward Himmelfarb, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., Roberta A. Deangelis, Acting General Counsel, P. Matthew Sutko, Associate General Counsel, Executive Office for United States Trustees, Department of Justice, Washington, D.C., Counsel for Amici Curiae.