United States Ninth Circuit

In an appeal arising from Chapter 13 bankruptcy proceedings, an order confirming a debtor's bankruptcy plan is affirmed where: 1) "projected disposable income" means "disposable income," as defined by Bankruptcy Code section 1325(b)(2), projected over the "applicable commitment period,"; and 2) although the term "applicable commitment period" denotes the time by which a debtor is obligated to pay unsecured creditors, the requirement is inapplicable to a plan submitted voluntarily by a debtor with no "projected disposable income."

Appellate Information

• Argued 08/17/2007
• Decided 06/05/2008
• Published 06/05/2008

Judges

• Before:  HARRY PREGERSON, EUGENE E. SILER, JR., and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ronald L. Hoffbauer, Phoenix, AZ, for the appellant., Edward Himmelfarb, Department of Justice, Washington, DC, amicus in support of the appellant.


• For Appellees:
  
• Andrew S. Nemeth, Phillips & Associates, Phoenix, AZ, for the appellee., M. Jonathon Hayes, Woodland Hills, California, and Tara Twomey, National Association of Consumer Bankruptcy Attorneys, Washington, DC, amicus in support of the appellee.