Baud v. Carroll

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.

Today the Supreme Court denied certiorari in the case of Baud v.Carroll, which raised the issue of the appropriate applicable commitment period for an above-median income debtor with no "projected disposable income." The Sixth Circuit Court of Appeals held below that above-median income debtors with no projected disposable income must propose five year plans if the trustee or unsecured.

must be calculated under 707(b)(2). See also Baud v. Carroll, 634 F.3d 327 (6th cir. 2011). section 1325(b)(2)(A)(i) is not an invitation to deduct additional expenses which are not included in the means test. Any understanding of projected disposable income is premised on disposable income.

distinct from a monetary, requirement for confirmation");3 Baud v. Carroll, 634 F.3d 327, 344 (6th Cir. 2011); Whaley v. Tennyson (In re Tennyson), 611 F.3d 873, 880 (11th Cir. 2010) ("’applicable commitment period’ is a temporal term that prescribes the minimum duration of a debtor’s Chapter 13 bankruptcy plan"); Coop v.

FAQ/Help: How to use case law (it can be tricky) If you’re not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo’s LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.. Also, you need to be familiar with the concept of "jurisdiction."

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No. 10-6248 In re Seafort, et al. Page 6 or expenses that are known or virtually certain at the time of confirmation.” Lanning, 130 S. Ct. at 2478; Darrohn v. Hildebrand (In re Darrohn), 615 F.3d 470 (6th cir. 2010) (applying Lanning to the debtors’ monthly mortgages, an otherwise deductible expense, because they intended to surrender the proper ties securing the mortgages).