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· 5/15/1995

Itule v. Heath (In Re Heath)

Citations

  • 182 B.R. 557
  • 95 Cal. Daily Op. Serv. 4742
  • 1995 Bankr. LEXIS 779
  • 1995 WL 349106

How courts have described this case

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

  • holding that since 11 U.S.C. § 1329 does not include a requirement of “substantial or unanticipated” changes, courts should not impose such a condition
  • holding that section 1325(b) does not require the inclusion of tax refunds received by the debtors as projected disposable income
  • holding that debtors are not required to include future tax refunds in projected disposable income absent a showing that the refunds are projected as the effective date of the plan
  • finding that the burden shifts to the debtor to show that no tax refund is projected
  • the trustee must show that the debtor may receive tax refunds during the plan term in order to require the debtor to commit such refunds to the plan

Source: CourtListener parenthetical corpus (CC0).

Judges: Ashland, Jones, Overstreet

Read full opinion on CourtListener

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.