The decisions of our sister circuits support this conclusion. In Baud v. Carroll, 634 F.3d 327 (6th cir. 2011), the Sixth Circuit considered a claim made by a Michigan trustee under similar circumstances. The Baud trustee was also trying to convince the court to recognize social security benefits as projected disposable income. See id. at 330.
The issue is not whether the Debtor can amend her schedules to show the increased household size. She can. The issue is as of what date the Applicable Commitment Period for the Debtor’s Chapter 13 plan is determined and the extent to which the Debtor’s post-petition and pre-confirmation change of household size affects the calculation of the Applicable Commitment Period.
Circuit cited the Sixth Circuit Court of Appeals in Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), and the Eighth Circuit Court of Appeals in In re Carpenter, 614 F.3d 930 (8th cir. 2010), as decisions supporting its conclusion. The Debtors urge the Court to extend the holding in Ragos to embrace inside a.
Mr. Schneider received his B.A. and his J.D. degrees from Wayne State University in Detroit, Michigan. He is a member of the State Bar of Michigan and is admitted to practice before the U.S. District Courts in the Eastern and Western Districts of Michigan, the Sixth Circuit Court of Appeals and the United States Supreme Court.
Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), cert. den., 132 S.Ct. 997 (U.S. Sup. ct. 2012) (court held that above-median debtor with positive disposable income (as calculated under 11 U.S.C. §1325(b)(2)) must have a Chapter 13 plan that is for five years in accordance with court’s construction of 11 U.S.C. §1325(b)(1)(B); but, there is a.
altering benefited: Meister toes My india stories (myindiastories.com) is a web site with fictional articles based on my experiences from childhood to the age of my retirement. There are many stories on Hindu Temples, Deities, famous devotees. I was born in a village in Tamil Nadu in 1937 and moved out at 7 years of age and went from town to town for my studies.
Baud v. Carroll, No. 11-27 (U.S.)The U.S. Courts of Appeals agree that where an above-median-income debtor has positive disposable income, as calculated under section 1325(b)(2) of the Bankruptcy Code and the applicable form, the debtor’s Chapter 13 plan must run for five years.
Baud V. Carroll | Cases | US Encyclopedia of Law – The Court gives, in its calendar of cases scheduled, the following docket number to the Baud v. carroll case: 46692. This Supreme Court’s docket shows all the official actions in the Baud v. Carroll case. This is an advance summary of a forthcoming entry in the Encyclopedia of Law.