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Topics:

Keywords: Projected disposable income . CMI . current monthly income .

Topic #54:: Chapter 13: Debtor may request alternate six month measuring period for CMI if result would be more accurate

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Case Summary In re Distler,Case No. 09-00707-8-RDD , ED North Carolina, 6/11/2009,13

In re Distler, Case No. 09-00707-8-RDD (ED North Carolina 2009)

View this case in Google Scholar: In re Distler, Case No. 09-00707-8-RDD (ED North Carolina 2009)

Topics

Means Test > Income

Chapter 13: Debtor may request alternate six month measuring period for CMI if result would be more accurate

5 Cases , IssueID 54

Topic Description:

This odd procedural chicanery is made possible by section 101 which says that if you don't file a Schedule I, the judge can set the applicable date for measuring CMI.

There is some question whether the debtor can make a motion to do this. Some cases seem to say yes.

This line of cases has been viewed as an alternative to the either or debate over whether to use Form 22C or Schedules I and J in determining "projected disposable income"

Lines of Cases:

A:

Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I

Topic Background / Overview:
  • Type A = Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I
  • Type E = "Everything Else"
  • Cases for Zip
  • All Cases By Date
  • Cases A - Z

Cases for Zip , California Northern District Bankruptcy Court

Ninth Circuit Cases

No Ninth Circuit cases in database on this topic

Other Circuits

� In re Garcia

Bankr.SD Florida - Case No. 09-28603-BKC-RBR. - 2010-01-21 - ,

Google ID#: 8429850380489253613
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

� In re Dunford

Bankr.N.D.Ill - 408 B.R. 489 - 2009-07-21 - 13 , Above

Google ID#: 2338494725230386116
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

totality of circumstances support granting debtors motion to be excused from filing Schedule I, and reset the applicable six month period for calculating current monthly income.

� In re Distler

ED North Carolina - Case No. 09-00707-8-RDD - 2009-06-11 - 13 ,

Google ID#: 14948114295147198428
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

ORDER EXCUSING DEBTORS FROM FILING REQUIRED SCHEDULE "I" AND SETTING ALTERNATIVE DATE FOR DETERMINING CURRENT MONTHLY INCOME

� In re Hoff

Bankr.E.D.North Carolina - 402 B.R. 683 - 2009-03-23 - ,

Google ID#: 10251014957401510436
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

Debtor brought a motion to excuse filing of schedule I and to set an alternative date for calculating current monthly income. Court agreed.

� In re Beasley

Bankr.C.D.Ill. - 342 B.R. 280 - 2006-05-08 - 13 , Below

Google ID#: 2494757559517909471
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

� In re Garcia

Bankr.SD Florida - Case No. 09-28603-BKC-RBR. - 2010-01-21 - ,

Google ID#: 8429850380489253613
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

� In re Dunford

Bankr.N.D.Ill - 408 B.R. 489 - 2009-07-21 - 13 , Above

Google ID#: 2338494725230386116
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

totality of circumstances support granting debtors motion to be excused from filing Schedule I, and reset the applicable six month period for calculating current monthly income.

� In re Distler

ED North Carolina - Case No. 09-00707-8-RDD - 2009-06-11 - 13 ,

Google ID#: 14948114295147198428
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

ORDER EXCUSING DEBTORS FROM FILING REQUIRED SCHEDULE "I" AND SETTING ALTERNATIVE DATE FOR DETERMINING CURRENT MONTHLY INCOME

� In re Hoff

Bankr.E.D.North Carolina - 402 B.R. 683 - 2009-03-23 - ,

Google ID#: 10251014957401510436
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

Debtor brought a motion to excuse filing of schedule I and to set an alternative date for calculating current monthly income. Court agreed.

� In re Beasley

Bankr.C.D.Ill. - 342 B.R. 280 - 2006-05-08 - 13 , Below

Google ID#: 2494757559517909471
(Type A : Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I )

All Cases A to Z

  • In re Beasley, 342 B.R. 280 , (Bankr.C.D.Ill. ) 2006-05-08, #2494757559517909471
  • In re Distler, Case No. 09-00707-8-RDD , (ED North Carolina ) 2009-06-11, #14948114295147198428
  • In re Dunford, 408 B.R. 489 , (Bankr.N.D.Ill ) 2009-07-21, #2338494725230386116
  • In re Garcia, Case No. 09-28603-BKC-RBR. , (Bankr.SD Florida ) 2010-01-21, #8429850380489253613
  • In re Hoff, 402 B.R. 683 , (Bankr.E.D.North Carolina ) 2009-03-23, #10251014957401510436

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