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30 Oct Appeals Court: 60-Month Plans Required for Above-Median Chapter 13 Debtors

On October 27, 2008, Coop v. Frederickson, No. 07-3391, was decided by the Eighth Circuit Court of Appeals, adding its voice to the national confusion over the required length of chapter 13 payment plans. The court of appeals ruled that for a chapter 13 debtor whose income was above the median, but whose Form B-22C disposable income was negative, the debtor was required to propose either a full payment plan, or a sixty month plan which paid creditors claims in full or in part. The court therefore disagreed with the Ninth Circuit Court of Appeals' decision in Maney v. Kagenveama, which allowed an over-median but negative B-22C debtor to propose a partial payment plan of 36 months duration.
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04 Feb What happens to Non-filing Spouse’s Tax Refund in Bankruptcy?

What happens to tax refunds in a bankruptcy case?According to a recent decision by Judge Krechevsky of U.S. Bankruptcy Court in Connecticut, not only is a non-filing spouse's tax refund not part of the bankruptcy estate subject to a grab by the U.S. Trustee, the tax refund itself must be apportioned according to the contributions withheld from the respective spouse's pay in the calendar year for the tax refund.
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