United States Ninth Circuit

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In re: Cesar Ivan Flores, 11-55452

In Chapter 13 proceedings, the bankruptcy court's order sustaining the trustee's proposed plan of reorganization with a duration of 60 months, rather than the debtors' proposed 36-month plan, is reversed and remanded, as Lanning is not clearly irreconcilable with Kagenveama's construction of "applicable commitment period," and the current Ninth Circuit precedent plainly allows debtors with no "projected disposable income" to confirm a plan in shorter duration than the applicable commitment period found in 11 U.S.C. section 1325(b).

Appellate Information

  • Decided 08/31/2012
  • Published 08/31/2012

Judges

  • Chen

Court

  • United States Ninth Circuit

Counsel