In re Ellis (12-51637)

The “above median” Chapter 13 debtor proposed to pay in full all unsecured claims during the five year term of his plan.  The plan payment would be substantially lower than the debtor’s monthly net or disposable income.  The Court held that a plan satisfies 11 U.S.C. § 1325(b) if unsecured claims will be paid in full even if the claims could be paid in a shorter period of time if all monthly disposable income was contributed to plan payments.

Friday, November 16, 2012