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HAMILTON v. LANNING

Docket No.: 08-998
Certiorari Granted: 11/2/2009
Argued: March 22, 2010
Decided: June 7, 2010

Topics:

Bankruptcy Abuse Prevention and Consumer Protection Act of2005 (BAPCPA), Bankruptcy, BAPCPA, Bankruptcy, Bankruptcy Code, Consumer Protection, res judicata

PartyNames: Jan Hamilton, Chapter 13 Trustee v. Stephanie Kay Lanning
Petitioner: Jan Hamilton, Chapter 13 Trustee
Respondent: Stephanie Kay Lanning

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 545 F.3d 1269

Jan Hamilton, Chapter 13 Trustee
v.
Stephanie Kay Lanning
Consideration Limited:

LIMITED TO THE FOLLOWING QUESTION: WHETHER, IN CALCULATING THE DEBTOR'S "PROJECTED DISPOSABLE INCOME" DURING THE PLAN PERIOD, THE BANKRUPTCY COURT MAY CONSIDER EVIDENCE SUGGESTING THAT THE DEBTOR'S INCOME OR EXPENSES DURING THAT PERIOD ARE LIKELY TO BE DIFFERENT FROM HER INCOME OR EXPENSES DURING THE PRE-FILING PERIOD.

Question Presented:

Did the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 eliminate judicial discretion by requiring an above-median income debtor to pay to unsecured creditors the net result reported on Official Form 22C?

Question:

In calculating a debtor's "projected disposable income," may the bankruptcy court consider evidence suggesting that the debtor's income or expenses during that period are likely to be different from the debtor's income or expenses during the pre-filing period?

HAMILTON v. LANNING
ORAL ARGUMENT

March 22, 2010

Holding: affirmed
Vote: 8-1
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