United States Fourth Circuit

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Pliler v. Stearns, 13-1445

The bankruptcy court did not err in deeming the early termination language in the debtors' proposed Chapter 13 bankruptcy plan void as a matter of law and in extending the duration of the debtors' proposed plan from fifty-five to sixty months, i.e., to five years, where: 1) a plain reading of the Bankruptcy Code, and Section 1325 in particular, mandates that an above-median-income debtor maintain a bankruptcy plan for five years unless all unsecured creditor claims are paid in full and irrespective of projected disposable income; and 2) the debtors, above-median-income debtors, are thus obligated to maintain a five-year plan.

Appellate Information

  • Decided 03/28/2014
  • Published 03/28/2014

Judges

  • WYNN

Court

  • United States Fourth Circuit

Counsel

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