Disposible Income and Bankruptcy Filing
In re Short, No. 08-11224,2008 WL 5751873, at *6 (Bankr. S.D. Ohio Sept. 11,2008) (Morgenstern-Clarren) (Citing In re Alexander, 344 B.R. 742 (Bankr. E.D.N.C. 2006), and Money v. Kagenveama (In re Kagenveama), 541 F.3d 868 (9th Cir. 2008), projected disposable income for debtor with CMI less than applicable median family income is CMI less amounts reasonably necessary to be expended projected over applicable commitment period; when debtor has no disposable income, there is no projected disposable income.
“If the § 1325(b)(2) calculation of disposable income is not used to determine projected disposable income under § 1325(b)(l)(B), then both the definition of disposable income and CMI would be superfluous. . . . [W]hen determining the projected disposable income of a below median income debtor, the court is required to use form 22C to ascertain the debtor’s current monthly income, from which reasonably
necessary expenses must be deducted to arrive at the debtor’s disposable income. The disposable income figure is then projected over the applicable commitment period of the debtor’s plan, under § 1325(b)(4), to arrive at the debtor’s projected disposable income.”).
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