United States Fourth Circuit

In chapter 13 bankruptcy proceedings in which the proposed plan deducted the amount of payments on two all-terrain vehicles (ATVs) as expenses, when the debtor would not actually be making any of those payments once the plan was implemented, the district court's order affirming the bankruptcy court's decision overruling the trustee's objection is reversed, as projected disposable income under 11 USC section 1325(b)(1)(B) should reflect changes that have occurred or that will occur and that are known as of the date of plan confirmation.

Appellate Information

• Decided 03/07/2012
• Published 03/07/2012

Judges

• Traxler

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Susan Kaye Cannon-Ryan, Kelly Gene Kotur