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S.D. Ohio· 9/22/2009

In Re Phillips

Citations

  • 417 B.R. 30
  • 2009 Bankr. LEXIS 2855
  • 2009 WL 3019815

How courts have described this case

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

  • holding that evaluating a debt- or’s ability to pay must focus upon the financial circumstances at the time of trial, in addition to projected disposable income
  • holding that an unsecured dividend of 30% represented a “meaningful distribution” to creditors
  • holding that projected income is essential to evaluate a debtor’s ability to pay
  • ‘‘no logical basis” for including voluntary 401(k) plan contributions in deciding Chapter 7 abuse motion on basis of totality of the circumstances if those funds do not have to be considered in determining the amount to pay under a Chapter 13 plan

Source: CourtListener parenthetical corpus (CC0).

Judges: Lawrence S. Walter

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Cited by

5 cases in this archive cite this case.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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