Saturday, December 8, 2007

In re SHANTE LaSHELL RIDING - Case No. 07-42368

Following the Eighth Circuit BAP's decision in In re Frederickson, the Court deviates from its prior interpretation of "projected disposable income" under section 1325(b), and adopts a mechanical application of the numbers from Form 22C to determine whether a plan can be confirmed. Hence, the Court may no longer consider the debtor's actual circumstances for plan confirmation purposes.

Date of decision: 10/30/07

Full opinion here.

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