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V. Conclusion For the foregoing reasons, the Bankruptcy Court’s February 14, 2009 order confirming Debtors’ amended Chapter 13 plan is REVERSED and the case is REMANDED to the Bankruptcy Court to allow Debtors to modify their amended Chapter 13 plan in a manner consistent with this opinion.
No. __-____ IN THE Supreme Court of the United States _____ RICHARD BAUD AND MARLENE BAUD, Petitioners, v. KRISPEN S. CARROLL, CHAPTER 13 TRUSTEE IN BANKRUPTCY FOR THE EASTERN DISTRICT OF MICHIGAN, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals
The Court gives, in its calendar of cases scheduled, the following docket number to the Baud v. Carroll case: 46692. This Supreme Court’s docket shows all the official actions in the Baud v. Carroll case. This is an advance summary of a forthcoming entry in the Encyclopedia of Law. Please check back later for the full entry.
must be calculated under 707(b)(2). See also Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011). Section 1325(b)(2)(A)(i) is not an invitation to deduct additional expenses which are not included in the means test. Any understanding of projected disposable income is premised on disposable income.
Uribarri J, Oh MS, Carroll HJ. D-lactic acidosis. Mégarbane B, Brivet F, Guérin JM, Baud FJ. [Lactic acidosis and multi-organ failure secondary to anti-retroviral therapy in HIV-infected patients]..
The issue is not whether the Debtor can amend her schedules to show the increased household size. She can. The issue is as of what date the Applicable Commitment Period for the Debtor’s Chapter 13 plan is determined and the extent to which the Debtor’s post-petition and pre-confirmation change of household size affects the calculation of the Applicable Commitment Period.
Circuit cited the Sixth Circuit Court of Appeals in Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), and the Eighth Circuit Court of Appeals in In re Carpenter, 614 F.3d 930 (8th Cir. 2010), as decisions supporting its conclusion. The Debtors urge the Court to extend the holding in Ragos toinside a.
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Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), cert. den., 132 S.Ct. 997 (U.S. Sup. Ct. 2012) (court held that above-median debtor with positive disposable income (as calculated under 11 U.S.C. 1325(b)(2)) must have a Chapter 13 plan that is for five years in accordance with court’s.