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Bar News - October 5, 2007


NH Bankruptcy Court Opinion Summary

 

 

Note: The full text of the opinion below will be available on the Bankruptcy Court’s web site at http://www.nhb.uscourts.gov/.


In re Reis, 2007 BNH 036, decided 9/18/07 (Deasy, J.) (published)  (holding that (1) a debtor may use the special circumstances exception of § 707(b)(2)(B) to alter their CMI and/or expenses when determining “disposable income” for purposes of § 1325(b)(2), as determined under § 707(b)(2)(A), only if the circumstance in question existed prior to the petition date; (2) the term “projected” in § 1325(b)(1) is forward-looking and in modifying the term “disposable income,” as defined in § 1325(b)(2), necessarily includes both components of “disposable income,” CMI and reasonably necessary expenses; and (3) an above-median debtor’s “projected disposable income” is presumed to equal “disposable income” computed in accordance with §§ 1325(b)(2) and (b)(3), subject to rebuttal and adjustment to take into account the debtor’s anticipated income and expenses during the plan commitment period).

 

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