In re Kimmel -Adversary Rooz vs. Kimmel Case No: 07-1152

Debtor Protections - Spouse's interest in debtor's wages was immune from any attempt by creditor to collect on judgment against spouse.

A creditor on a community claim against a debtor and her nondebtor spouse waived his right to assert that the debtor's discharge did not enjoin him from attaching after-acquired community property to satisfy his claim against the nondebtor spouse when the creditor did not file a complaint directed at the debtor or the spouse in the debtor's bankruptcy case, either as a nondischargeability action or as an objection to discharge. Therefore, the spouse's interest in the debtor's wages, to the extent that they were community property notwithstanding the debtor and spouse's postnuptial agreement, was immune pursuant to the community property discharge injunction from any attempt by the creditor to collect on a judgment against the spouse.

Date of decision: 11/8/07

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In re Pak - Adversary Pak vs. ECast Case No: NC-07-1201

Plans - Chapter 13 debtor's historically-based "disposable income" is mere starting point in fixing "projected disposable income."

The Ninth Circuit BAP has held that a Chapter 13 debtor's historically- based "disposable income" is merely the starting point in determining the "projected disposable income" that the debtor will have to devote to the payment of unsecured creditors, in order to obtain confirmation of any plan that which result in less than a 100% distribution on creditor claims over the objection of the trustee or an unsecured creditor. If the interpretation of "projected disposable income" is not to degenerate into absurdity, deriving "projected disposable income" from "disposable income" must be subject to the presentation of contrary evidence prior to confirmation of the debtor's proposed Chapter 13 plan.

Date of decision: 11/28/07

Full opinion click here.