United States Sixth Circuit

In Chapter 13 proceedings, bankruptcy court's calculation of the debtors' projected disposable income in approving the proposed plan is reversed and remanded in light of the Supreme Court's recent decision in Hamilton v. Lanning, --S.Ct.---, 78 U.S.L.W. 4518, 2010 WL 2243704 (No. 08-998 June 7, 2010), where: 1) the bankruptcy court erred when it determined that it was required to use the income calculated on Form B22C, which was derived from the six-month look-back formula, rather than debtors' current monthly income; and 2) the bankruptcy court erred in failing to account for the debtors' intent to surrender properties securing the mortgages in considering reasonable necessary monthly expenses.

Appellate Information

• Argued 04/27/2010
• Decided 07/22/2010
• Published 07/22/2010

Judges

• McKEAGUE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Henry E. Hildebrand, Mary Elizabeth Ausbrooks