In re Waechter

439 B.R. 253 (2010)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In re Waechter

United States Bankruptcy Court for the District of Massachusetts
439 B.R. 253 (2010)

Facts

Carol Waechter (debtor) and her fiancé, Joao Da Silva, entered into a premarital agreement in April 2008. The agreement provided that the couple would keep their property separate throughout their marriage and that neither Waechter nor Da Silva would be held liable for each other’s debts. The agreement did not cover how the couple would split joint expenses incurred during the marriage. In November 2009, after Waechter and Da Silva were married, Waechter individually filed a chapter 13 bankruptcy petition. Waechter’s filing listed a combined monthly income that included Da Silva’s net income of $1,348. However, Waechter’s schedule of monthly expenses included an entry for $1,309.46, which Waechter described as Da Silva’s choice not to share his income pursuant to the premarital agreement. By offsetting all but roughly $40 of Da Silva’s income in this way, Waechter’s schedule of expenses treated Waechter as responsible for all the couple’s joint marital living expenses, including $520 per month for utilities and $649 per month for home maintenance and food. As a result, Waechter had only $119 per month in disposable income for purposes of her chapter 13 plan. Waechter’s proposed plan provided no dividend for Waechter’s general unsecured creditors. The chapter 13 trustee objected to confirmation of Waechter’s chapter 13 plan, asserting that Waechter had significantly understated her disposable income by claiming sole responsibility for the couple’s household expenses. The trustee further argued that Waechter had not proposed the chapter 13 plan in good faith.

Rule of Law

Issue

Holding and Reasoning (Hoffman, J.)

What to do next…

  1. 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 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. 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.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership