In re Slusher

149 Citing cases

  1. In Matter of Nathaniel Heyward

    386 B.R. 919 (Bankr. S.D. Ga. 2008)   Cited 13 times
    Finding “applicable commitment period” is temporal concept, not a multiplier, so that below-median income debtor did not have ability, by obtaining reverse mortgage on his home, to pay off plan early, less than 36 months into plan, unless payment that he made with funds obtained from reverse mortgage transaction was sufficient to pay unsecured creditors in full

    2007); In re Grant, 364 B.R. 656, 663 (Bankr.E.D.Tenn.2007); In re Frederickson, 368 B.R. 825, 829-30 (Bankr.E.D.Ark.2007)(in dicta); In re Luton, 363 B.R. 96, 101 (Bankr.W.D.Ark. 2007); In re Slusher, 359 B.R. 290, 305 (Bankr.D.Nev.2007): In re Cushman, 350 B.R. 207, 212-13 (Bankr.D.S.C.2006); In re Girodes, 350 B.R. 31, 35 (Bankr.

  2. In re Wilson

    397 B.R. 299 (Bankr. M.D.N.C. 2008)   Cited 15 times

    Sept.6, 2007) (2007 WL 2683837); In re Mancl, 375 B.R. 514, 517 (Bankr.W.D.Wis.2007) (minority view produces arbitrary results that penalize debtors and creditors), rev'd, 381 B.R. 537, 539 (W.D.Wis.2008); Lanning, No. 06-41037, 2007 WL 1451999, *6, n. 25; In re Slusher, 359 B.R. 290, 298 (Bankr. D.Nev.2007) (minority view is a detriment to debtors and creditors). It is doubtful that such results are what Congress intended, as they appear to be just the opposite of what is indicated by the scant legislative history.

  3. In re Briscoe

    374 B.R. 1 (Bankr. D.D.C. 2007)   Cited 41 times
    Holding that above-median debtor "is entitled to use the Local Standards figure even if her actual housing expense figure is lower"

    See In re Rezentes, 368 B.R. 55, 61-62 (Bankr.D.Haw.2007) ("I conclude that, for purposes of calculating projected disposable income, debtors may deduct the local standard housing expense or their actual housing expense, whichever is less."); In re Slusher, 359 B.R. 290, 309 (Bankr.D.Nev.2007) ("For better or worse, Congress referred to the IRS National and Local Standards in Section 707(b)(2)(A). To understand what requirements this incorporation imposes would seem to require courts to look at how the IRS defines these categories, and how the IRS calculates those expenses.

  4. In Matter of Liverman

    383 B.R. 604 (Bankr. D.N.J. 2008)   Cited 15 times
    In Matter of Liverman, 383 B.R. 604 (Bankr. D. N.J. 2008), the court determined that the debtors' "disposable income," based upon the historical average of what the debtors had earned over the six months immediately preceding their petition date, when the debtor-husband was generally unemployed, was merely a starting point in determining the "projected disposable income" that the debtors would have to devote to payment of unsecured creditors.

    The phrase "projected disposable income" appears without definition in five other subsections of the Code including, 11 U.S.C. §§ 1129(a)(15)(B), 1222(a)(4), 1225(b)(1)(B), 1225(b)(1)(C) and 1322(a)(4). See In re Pak, 378 B.R. 257, 264 n. 7 (9th Cir. BAP 2007); In re Slusher, 359 B.R. 290, 297 (Bankr. D.Nev.2007). Only section 1129(a)(15)(B) refers back to the definition of "disposable income" in section 1325(b)(2).

  5. In re Vesper

    371 B.R. 426 (Bankr. D. Alaska 2007)   Cited 6 times

    The decisions are listed chronologically. They include: In re Hardacre, 338 B.R. 718 (Bankr. N.D. Tex. 2006); In re McGuire, 342 B.R. 608 (Bankr. W.D. Mo. 2006); In re Lara, 347 B.R. 198, (Bankr. N.D. Tex. 2006); In re Barraza, 346 B.R. 724 (Bankr. N.D. Tex. 2006); In re Wiggs, 2006 WL 2246432 (Bankr. N.D. Ill. 2006); In re Oliver, 350 B.R. 294 (Bankr. W.D. Tex. 2006); In re Carlin, 348 B.R. 795 (Bankr. D. Or. 2006); In re Harris, 353 B.R. 304 (Bankr. E.D. Okla. 2006); In re Devilliers, 358 B.R. 849 (Bankr. E.D. La. 2007); In re Slusher, 359 B.R. 290 (Bankr. D. Nev. 2007); In re Ceasar, 364 B.R. 257, 2007 WL 777821 (Bankr. W.D. La. 2007); In re Howell, 2007 WL 1237832 (Bankr. D. Kan. 2007); In re Pampas, 369 B.R. 290, 2007 WL 1485352 (Bankr. M.D. La. 2007); In re Ross-Tousey, 368 B.R. 762, 2007 WL 1466647 (E.D. Wis. 2007). The following courts have found in favor of the debtors on this issue: In re Naslund, 359 B.R. 781 (Bankr. D. Mont. 2006); In re Swan, 2007 WL 1146485 (Bankr. N.D. Cal. 2007); In re Chamberlain, 369 B.R. 519, 2007 Wl 1355894 (Bankr. D. Ariz. 2007); In re Armstrong, 2007 WL 1724955 (Bankr. E.D. Wa. 2007).

  6. In re Bennett

    371 B.R. 440 (B.A.P. 9th Cir. 2007)

    In the Ninth Circuit there are two cases that have come down on the side of denying a Chapter 13 debtor the automatic allowance and two that would allow it, notwithstanding that no lien or lease payment is actually owed. Compare In re Slusher, 359 B.R. 290 (Bankr.D.Nev.2007) and In re Carlin, 348 B.R. 795 (Bankr.D. Or.2006) with In re Swan, 368 B.R. 12 (Bankr.N.D.Cal.2007) and In re Naslund, 359 B.R. 781, 789-790 (Bankr.D.Mont.2006). Moreover, as Judge Weissbrodt observed in Swan, there is no discernable majority view which has emerged nationally, with (as of this writing) eleven opinions holding that a debtor cannot deduct an ownership expense for a vehicle owned free and clear and fifteen, including Swan, that go the other way and permit an automatic allowance.

  7. In re Bennett

    371 B.R. 440 (Bankr. C.D. Cal. 2007)   Cited 7 times

    In the Ninth Circuit there are two cases that have come down on the side of denying a Chapter 13 debtor the automatic allowance and two that would allow it, notwithstanding that no lien or lease payment is actually owed. Compare In re Slusher, 359 B.R. 290 (Bankr.D.Nev.2007) and In re Carlin, 348 B.R. 795 (Bankr.D. Or.2006) with In re Swan, 368 B.R. 12 (Bankr.N.D.Cal.2007) and In re Naslund, 359 B.R. 781, 789-790 (Bankr.D.Mont. 2006). Moreover, as Judge Weissbrodt observed in Swan, there is no discernable majority view which has emerged nationally, with (as of this writing) eleven opinions holding that a debtor cannot deduct an ownership expense for a vehicle owned free and clear and fifteen, including Swan, that go the other way and permit an automatic allowance.

  8. In re Fred J. Heideker and Pamela D. Heideker

    455 B.R. 263 (Bankr. M.D. Fla. 2011)   Cited 16 times
    Holding that § 1325(b) is applicable to plan modifications

    FN10. In re Slusher, 359 B.R. 290, 300 (Bankr.D.Nev.2007) (explaining that “[a]lthough apparently straightforward, as with much of BAPCPA, the text Congress used plausibly lends itself to at least two different interpretations of what exactly ‘applicable commitment period’ means”). FN11.

  9. In re Phillips

    382 B.R. 153 (Bankr. D. Mass. 2008)   Cited 17 times
    Holding that a chapter 13 plan proposed by an above-median-income debtor who claimed a standard allowance in excess of her actual housing expense passed the best efforts test of § 1325(b)(B)

    Ross, 375 B.R. at 441 (citing In re Jass, 340 B.R. 411 (Bankr.D.Utah 2006)); In re Edmondson, 363 B.R. 212 (Bankr.D.N.M.2007); In re Slusher, 359 B.R. 290 (Bankr.D.Nev.2007), as well as In re Meek, 370 B.R. 294, 303 (Bankr.D.Idaho 2007); In re Arsenault, 370 B.R. 845, 852 (Bankr.M.D.Fla.2007); In re Watson, 366 B.R. 523, 531-32 (Bankr.D.Md.

  10. Musselman v. Ecast Settlement Corporation

    394 B.R. 801 (E.D.N.C. 2008)   Cited 34 times
    Holding that Section 1325(b) defines what is a reasonably necessary expense for above-median income debtors without resorting to a separate inquiry into the subjective reasonable necessity of a given expense

    Instead, courts have in a variety of ways held that "projected" modifies "disposable income" in § 1325(b)(1)(B), requiring a forward looking inquiry to determine what a debtor's "projected disposable income" will be during the pendency of the Chapter 13 plan. See, e.g., In re Kibbe, 361 B.R. 302, 312-14 (1st Cir. BAP 2007); In re Pak, 378 B.R. 257, 264 (9th Cir. BAP 2007), abrogated by In re Kagenveama, 541 F.3d 868; In re Lanning, 380 B.R. 17, 24-25 (10th Cir. BAP 2007); In re Wilson, 2008 WL 619196, *13, 2008 Bankr.LEXIS 769, *47-48 (Bankr.M.D.N.C. 2008); In re Briscoe, 374 B.R. 1, 16 (Bankr.D.D.C. 2007); In re Slusher, 359 B.R. 290, 297-300 (Bankr.D.Nev. 2007); In re Jass, 340 B.R. 411, 415-16 (Bankr.D.Utah 2006); In re Hardacre, 338 B.R. at 723; In re Fuller, 346 B.R. 472, 485 (Bankr.S.D.Ill. 2006). Courts on this side of the divide reason that Congress's placement of the word "projected" in § 1325(b)(1)(B) was intentional and, further, that it was done to give "projected disposable income" a different meaning from "disposable income" as defined by § 1325(b)(2).