In re Fredman
United States Bankruptcy Court for the Southern District of Illinois
471 B.R. 540 (Bankr. S.D. Ill. 2012)
When the Fredmans (plaintiffs) filed for chapter 7 bankruptcy in June 2011, they had mortgages on a home in Colorado and a home in Illinois. The Fredmans declared on their statement of intention that they planned to surrender their Colorado home and use the homestead exemption on their Illinois home. However, the Fredmans listed the mortgage payments for both homes under the total amount of allowed deductions for future payments on secured claims. Both mortgages together gave the Fredmans a negative 60-month disposable income, which allowed them to proceed in a chapter 7 bankruptcy case. The trustee contended that the Fredmans should not be allowed to deduct the mortgage payments on the Colorado home, because they would not actually be making those payments due to the planned surrender of the home.
Rule of Law
Holding and Reasoning (Grandy, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.