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IN RE GLOVER
Wednesday, July 02, 2008
Following up on my previous entry, on April 24, 2008, Judge Dow issued an opinion in one of my cases, In re Glover, adopting the Frederickson analysis for Chapter 13 cases where the debtor is under the median income. Essentially the case holds that the disposable monthly income (DMI) that must be paid to unsecured creditors in an under median case is calculated by subtracting the Schedule J expenses from the B22 income. Some things that don't normally show up on Schedule J in a Chapter 13 case (i.e. car payments and wage withholdings) will now need to be listed in order to come up with the appropriate DMI figure. Here is a link to the opinion on the court's website:
http://www.mow.uscourts.gov/opinions/bankruptcy/dow/Rush_and_Glover_Opinion.pdf