McCarty v. Lasowski’s Empirical Analysis

Citation profile

10 federal appellate · 2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 1325 of the Bankruptcy Code governs confirmation of a chapter 13 plan. Section 1325(b)(1) provides as follows: If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan— (A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or (B) the plan provides that all of the debtor’s projected disposable income to be received in the applicable commitment period beginning on the date that the first payment is due under the plan will be applied to make payments to unsecured creditors under the plan. 11 U.S.C. § 1325 (b)(1). Section 1325(b)(2), in turn, explains how to determine “disposable income” under section 1325(b)(1)(B). Section 1325(b)(2) provides, in relevant part: For purposes of this subsection, the term “disposable income” means current monthly income received by the debtor (other than child support payments, foster care payments, or disability payments for a dependent child made in accordance with applicable nonbankrupt-cy law to the extent reasonably necessary to be expended for such child) less amounts reasonably necessary to be expended— (A)(i) for the maintenance or support of the debtor or a dependent of the debtor, or for a domestic support obligation, that first becomes payable after the date the petition is filed. 11 U.S.C. § 1325 (b)(2). To establish some struc”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Cleaver

2. “The court in Nowlin thus affirmed a bankruptcy court’s denial of confirmation when a debtor’s plan failed to take into account the reasonably certain future termination of the debtor’s 401(k) loan repayments during the term of the debtor’s proposed plan. Similarly here, even if Lasowski is correct that it is appropriate for her to exclude the entire $150 she is currently repaying on her 401 (k) loans from her disposable income on Form 22C, the bankruptcy court could not ignore, when calculating projected disposable income, that these payments would reduce to $100 per month after six months and end completely after thirteen months. Only by taking into account this fact could the bankruptcy court’s determination of projected disposable income accurately reflect Lasowski’s ability to pay her unsecured creditors over the course of her plan. Interpreting “projected disposable income” to recognize the reasonably certain future termination of loan repayments does not require Lasowski to propose a plan that changes the terms of her 401(k) loans. Nor does it deprive her of sufficient funds to repay the loans, for she is free to propose a tiered plan that increases payments to unsecured creditors after the 401 (k) payments have ceased.”

   1 later decision quote this exact passage · from the majority
   e.g. Burden v. Seafort (In Re Seafort)

3. “we act as a second reviewing court of the bankruptcy court's decision, independently applying the same standard of review as the BAP.”

   1 later decision quote this exact passage · from the majority
   e.g. Hanson v. Seaver (In re Hanson)