Kibbe v. Sumski

How courts have described this case

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

• the term “projected disposable income” for below-median income debtors is forward looking and reality based
• if “currently monthly income” is not true to DR’s actual current income, then the court should use the latter and avoid the artificial measure
• Said most directly, the object is not to select the right form, but to reach a reality-based determination of a debtor’s capabilities to repay creditors!
• “Congress intended the term ‘projected disposable income’ for below-median income debtors to be forward-looking and reality based and not grounded in blind adherence to any artificial formulation.”
• “There is no discretion woven into the statute to substitute the debtors’ Schedule J expenses for the section 707(b) standardized formula for the calculation of applicable and actual expenses.”
• \ 'projected disposable income’ as set forth in § 1325(b)(1)(B) must be grounded in the Debtor’s anticipated income ... during the term of the plan”; \Form B22C must at least be the starting point for any determination of 'projected disposable income’ ”

Source: CourtListener parenthetical corpus (CC0).