You are here

In re Minahan (Case No. 08-70118) 08/20/2008

The Court sustained Chapter 13 Trustee's objection to debtors' plan and denied confirmation of such plan because (1) the above-median income debtors' plan does not pay enough money for the benefit of unsecured creditors to satisfy the requirements of 11 U.S.C. § 1325(b) and 11 U.S.C. § 707(b)(2), and (2) Official Bankruptcy Form 22C ("B22C") incorrectly overstates the amount of the Chapter 13 Trustee's commission.  Further, the Court held that adequate protection payments under 11 U.S.C. § 1326(a)(1)(C) due to the secured creditors during both the pre-confirmation and post-confirmation stages of a case take precedence over the payment by the Chapter 13 Trustee of any compensation payable under the terms of the plan to debtors' counsel and over any other claim against the Chapter 13 plan payments.  The Court also held that the effective date of the plan for purposes of 11 U.S.C. § 1325(b)(1) is the date of the final hearing on plan confirmation, and that the amount determined from B22C is the starting point, not both the starting and ending point, in determining the correct minimum obligation of a Chapter 13 debtor under a confirmable plan.

Date: 
Wednesday, August 20, 2008
Category: 
Adequate Protection
Administrative Expense
Attorneys Fees
B22
Current Monthly Income
Disposable Income
Effective Date
Chapter: 
13