United States Fifth Circuit

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Nowlin v. Peake, 08-20066

In a debtor's appeal from a bankruptcy court's order denying confirmation of her Chapter 13 plan, the order is affirmed where an above-median Chapter 13 debtor's "projected disposable income" presumptively consists of his statutorily defined "disposable income" mechanically projected into the future for the duration of the plan.

Appellate Information

  • Decided 07/17/2009
  • Published 07/17/2009

Judges

  • JENNIFER W. ELROD, Circuit Judge:, Before KING, DENNIS and ELROD, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Reese Walker Baker (argued), Baker & Associates, Houston, TX, for Nowlin., David Ronald Jones (argued), Joshua W. Wolfshohl, Porter Hedges, Houston, TX, for Peake., Edward Himmelfarb (argued), William Kanter, U.S. Dept. of Justice, Civ. Div., P. Matthew Sutko, Robert Joseph Schneider, Jr., U.S. Dept. of Justice, Executive Office of U.S. Trustee, Washington, DC, for U.S. Trustee, Amicus Curiae.