Baud v. Carroll’s Empirical Analysis

Citation profile

11 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[ 0]nly “projected disposable income” is subject to the “applicable commitment period” requirement. Any money other than “projected disposable income” that the debtor proposes to pay does not have to be paid out over the “applicable commitment period.” There is no language in the Bankruptcy Code that requires all plans to be held open for the “applicable commitment period.” Section 1325(b)(4) does not contain a freestanding plan length requirement; rather, its exclusive purpose is to define “applicable commitment period” for purposes of the § 1325(b)(1)(B) calculation. Subsection (b)(4) states “For purposes of this subsection, the ‘applicable commitment period’ ... shall be ... not less than 5 years” for above-median debtors. Subsection (b)(1)(B) states that “the debt- or’s ‘projected disposable income’ to be received in the ‘applicable commitment period’ ... will be applied to make payments under the plan.” When read together, only “projected disposable income” has to be paid out over the “applicable commitment period.” When there is no “projected disposable income,” there is no “applicable commitment period.” Subsections (b)(2) (“disposable income”) and (b)(3) (“amounts reasonably necessary to be expended”) exist only to define terms relevant to the subsection (b)(1)(B) calculation. Subsection (b)(4), which defines “applicable commitment period,” is no different.... Thus, the “applicable commitment period” applies only to plans that feature “projected disposable income.” He”

   3 later decisions quote this exact passage · from the majority
   e.g. Danielson v. Flores · In re Boyd

2. “(iii) The debtor's average monthly payments on account of secured debts shall be calculated as the sum of— (I) the total of all amounts scheduled as contractually due to secured creditors in each month of the 60 months following the date of the filing of the petition; and (II) any additional payments to secured creditors necessary for the debtor, in filing a plan under chapter 13 of this title, to maintain possession of the debtor’s primary residence, motor vehicle, or other property necessary for the support of the debtor and the debtor's dependents, that serves as collateral for secured debts; divided by 60.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Drummond v. Welsh · In re Roberts

3. “(b)(1) 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-— (B) the plan provides that all of the debt- or’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. (2) For purposes of this subsection, the term “disposable income'' means current monthly income received by the debtor ... less amounts reasonably necessary to be expended[.] (3) Amounts reasonably necessary to be expended under paragraph (2), other than subparagraph (A)(ii) of paragraph (2), shall be determined in accordance with subparagraphs (A) and (B) of section 707(b)(2), if the debtor has current monthly income [above the applicable median income.] (4)For purposes of this subsection, the “applicable commitment period”— (A) subject to subparagraph (B), shall be— (i) 3 years; or (ii) not less than 5 years, if the current monthly income of the debtor and the debtor's spouse combined, ... is [above the applicable median income.] (B) may be less than 3 or 5 years, whichever is applicable under subparagraph (A), but only if the plan provides for payment in full of all allowed unsecured claims over a shorter period.”

   2 later decisions quote this exact passage · from the majority
   e.g. Danielson v. Flores · Vandenbosch v. Waage (In Re Vandenbosch)