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New Cases For the Week of February 19, 2007 - February 23, 2007
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Click here to search prior New Opinion summaries.
February 22 , 2007 |
Case |
Court |
Holding |
Marrama v. Citizens Bank of Massachusetts
(DBN Subscription Required) |
S. Ct. |
Where a Chapter 7 petition has been filed in bad fait, as is the case where the debtor concealed assets, there is no automatic right to convert to Chapter 13. |
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February 21 , 2007 |
Case |
Court |
Holding |
In re Kibbe
(DBN Subscription Required) |
1st Cir BAP |
"Projected disposable income" should be determined according to the income and expenses represented on Schedules I and J, rather than by the outcome of Official Form B22C which is used to calculate "current monthly income." 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 |
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