N.D. California· 4/18/2007

In Re Swan

Citations

368 B.R. 12
2007 Bankr. LEXIS 1370
2007 WL 1146485

How courts have described this case

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

holding that above-median debtor whose actual housing expense was lower than the IRS standard may nevertheless deducted the standard amount on Form B22C
allowing the debtor to assert the full housing expense deduction of $1,644 under the Local Standard, even though her actual monthly rent payment was $800
not giving debtor full amount of housing allowance, as a matter of course, will encourage debtors to move in order to spend full amount
“None of the courts using the IRS publications in reaching their decisions cited any specific authority for doing so, but simply found it ‘instructive’ to do so.”
“Several pre-BAPCPA cases permitted debt- ors to payoff the plan balance and exit [C]hapter 13 in less than 36 months without paying unsecured creditors in full.”
“[T]he absurdity [of the temporal approach] is having a debtor remain in chapter 13 awaiting discharge where, after a certain point, he has fulfilled all of the Code requirements and his plan payment is reduced to zero.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arthur S. Weissbrodt

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Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

Other cases named In Re Swan

13 other CourtListener records share this case name.

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