Hildebrand v. Petro (In Re Petro)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding statutory amendments to the Bankruptcy Code should be read in the context of its remedial purpose
• finding that the intention of the drafters controls, since a literal application of section 1325(b) produces a result incompatible with the purpose of BAPCPA
• observing that “the word ‘projected’ is future oriented”
• “If a statute uses a particular phrase in one section, but not in another, courts should assume the inclusion or exclusion to have been intentional.”
• “projected disposable income” should be calculated based on the realities of the debtor’s circumstances as of confirmation and as reasonably anticipated to be during the length of the plan
• calculation should be based exclusively not on Form B22C or Schedules I and J but on ability to pay at time of plan confirmation

Source: CourtListener parenthetical corpus (CC0).