United States Eighth Circuit

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In re: Frederickson, 07-3391

In a bankruptcy case involving whether an above-median Chapter 13 debtor's plan must extend for five years or whether a bankruptcy court can confirm a shorter plan period when the debtor has a negative "disposable income", a ruling finding that a shorter plan period was permissible and confirming debtor's proposed forty-eight-month plan is reversed where: 1) a debtor's "disposable income" calculation on Form 22C is a starting point for determining the debtor's "projected disposable income," but the final calculation can take into consideration changes that have occurred in the debtor's financial circumstances, as well as the debtor's actual income and expenses as reported on Schedules I and J; and 2) in this case, the debtor actually did have projected disposable income and therefore the plan could not be confirmed over the trustee's objection unless it extended for the entire sixty-month applicable commitment period.

Appellate Information

  • Decided 10/27/2008
  • Published 10/27/2008

Judges

  • WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Kimberley F. Woodyard, argued, North Little Rock, AR (David D. Coop, U.S. Trustee's Office, on the brief), for appellant.

  • For Appellees:
  • O.C. “Rusty” Sparks, argued, Little Rock, AR (Thomas W. Byarlay, on the brief), for appellee.

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