Skip to main content
N.D. West Virginia· 6/20/2008

In Re Quigley

Citations

  • 391 B.R. 294
  • 2008 Bankr. LEXIS 1825
  • 2008 WL 2557560

How courts have described this case

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

  • analyzing and rejecting seven reasons advanced by various courts as to why the Chapter 7 application of Section 707(b) (2)(A)(iii)(I) should be different in Chapter 13
  • relying on Section 101(10A) which includes in “current monthly income” “any amount paid by any entity other than the debtor ... on a regular basis for the household expenses of the debtor____”
  • “scheduled as contractually due” means payments owed to secured creditors as of the petition date
  • “Importantly, § 1325(b)(3) directs that the expenses for an above the median income Chapter 13 debtor ‘shall be determined in accordance with’ § 707(b)(2).... [Section] 707(b)(2)(A)(iii)(I) makes no provision for a debtor’s anticipated changes in expenses.”
  • § 1325(b)(3) does not alter the language or the application of § 707(b)(2)

Source: CourtListener parenthetical corpus (CC0).

Judges: Patrick M. Flatley

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.