Whaley v. Tennyson (In Re Tennyson)

How courts have described this case

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

• noting that § 1322(d) “sets the absolute maximum time period of a Chapter 13 bankruptcy plan for an above[-]median income debtor at five years, no exceptions.”
• recognizing the import of “statutory context” (citation and internal quotation marks omitted)
• finding above-median-income debtors are required to develop a plan with an applicable commitment period of at least five years
• “[A]llowing Tennyson to confirm a plan for less than five years would deprive the unsecured creditors of their full opportunity to recover on their claims from Tennyson by way of post confirmation plan modifications.”
• “[Section 1325(b)(4) ] certainly does not state that the ‘applicable commitment period’ becomes inconsequential if disposable income is negative.”
• “‘The heart of [BAPCPA’s] consumer bankruptcy reforms ... is intended to ensure that debtors repay creditors the maximum they can afford.’ ”

Source: CourtListener parenthetical corpus (CC0).