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In re Colon

Citations: 561 B.R. 682; 76 Collier Bankr. Cas. 2d 1569; 2016 Bankr. LEXIS 4519; 2016 WL 7477569Docket: No. 16 B 09951

Court: United States Bankruptcy Court, N.D. Illinois; December 29, 2016; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

In this bankruptcy case, the court examined a Motion to Dismiss filed by the Trustee against the Debtor, citing issues with the Debtor's disposable income calculation under 11 U.S.C. § 707(b)(2)(A)(iii)(I) and a purported lack of good faith under 11 U.S.C. § 1325(a)(3). The Debtor's income exceeds the state median, bringing the calculation of disposable income under scrutiny, specifically concerning a deduction for a secured debt on a camper. The Trustee argued that this deduction was not reasonably necessary and indicative of bad faith. However, the court concluded that the 'reasonably necessary' standard does not apply under the cited section, and the Trustee failed to prove a lack of good faith. The court emphasized the mechanical nature of deductions permitted under BAPCPA and declined to dismiss the case, ruling that the Debtor's plan complied with the applicable legal standards. The court maintained jurisdiction as a core proceeding under 28 U.S.C. §§ 1334(b) and 157(b)(2)(A). The decision ultimately affirms the Debtor's proposed plan, allowing for future modifications should the financial situation change.

Legal Issues Addressed

Calculation of Disposable Income under Bankruptcy Code

Application: The court determined that the debtor's listing of secured debt for a Camper in the disposable income calculation aligns with section 707(b)(2)(A)(iii)(I) and does not require a 'reasonably necessary' standard.

Reasoning: The court confirmed that the Debtor's listing of secured debt for a Camper in her disposable income calculation aligns with section 707(b)(2)(A)(iii)(I) and does not require a 'reasonably necessary' standard.

Good Faith Requirement under Bankruptcy Code Section 1325(a)(3)

Application: The court found that the Trustee did not provide sufficient evidence of a lack of good faith by the Debtor, thereby overruling the Motion to Dismiss.

Reasoning: The Trustee's inability to prove a lack of good faith in the Debtor's plan results in overruling the Motion to dismiss.

Jurisdiction and Core Proceedings in Bankruptcy

Application: The court's jurisdiction in this bankruptcy matter is affirmed under 28 U.S.C. § 1334(b), and the matter is deemed a core proceeding under 28 U.S.C. § 157(b)(2)(A).

Reasoning: The court's jurisdiction is affirmed under 28 U.S.C. § 1334(b), and the matter is deemed a core proceeding per 28 U.S.C. § 157(b)(2)(A).

Mechanical Approach to Expense Deductions under BAPCPA

Application: The court followed the BAPCPA's mechanical approach to expense determinations, rejecting subjective evaluations of the necessity of expenses listed under section 707(b)(2).

Reasoning: The court aligns with Farrar-Johnson, asserting that the necessity of a debtor's expenses is irrelevant to section 707(b)(2)(A)(iii)(I), and thus good faith in claiming them is also irrelevant.