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N.D. New York· 8/29/2007

In Re Green

Citations

  • 378 B.R. 30
  • 2007 Bankr. LEXIS 3688
  • 2007 WL 4026511

How courts have described this case

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

  • noting that BAPCPA rendered § 1325(b) “a murky stew of conflicting judicial opinions about the plain language meaning of common words and phrases contained in the statute itself and the Congressional intent behind it”
  • the plain meaning interpretation would allow debtors to not pay when they could and would prevent confirmation when a debtor has had a decrease in income; this creates problems on both ends
  • “[I]f 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 before confirmation of a debtor’s chapter 13 plan.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Littlefield

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17 cases in this archive cite this case.

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