NANCY G. EDMUNDS, District Judge. This is an appeal from the Bankruptcy Court’s February 14, 2009 order confirming Richard and Marlene Baud’s amended Chapter 13 plan. For the reasons set forth below, the Bankruptcy Court’s order is REVERSED. The parties do not dispute the facts relevant to this.
Baud V. Carroll Petition for Certiorari. A party decided to to file a brief asking the Supreme Court to hear the Baud v. Carroll case (trying the Court grants the party a writ of certiorari). Issue
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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. Please check back later for the full entry. Uribarri J, Oh MS, Carroll HJ. D-lactic acidosis. Mgarbane B, Brivet F, Gurin JM, Baud FJ.
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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.
No. 09-2164 Baud, et al v. Carroll Page 3 of the plan and that, even if 1325(b) does mandate a minimum plan length, there is an exception for debtors, like them, with negative projected disposable income.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case. 5 B.R. 196 – IN RE MARKMAN, united states bankruptcy court, E.D. New York, at Westbury. 33 B.R. 890 – IN RE ALI.
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