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Musselman v. eCast Settlement Corp.

394 B.R. 801 (2008)

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Musselman v. eCast Settlement Corp.

United States District Court for the Eastern District of North Carolina
394 B.R. 801 (2008)

  • Written by Jody Stuart, JD

Facts

Brooks Musselman (debtor) filed for Chapter 13 bankruptcy. Musselman had above-median income but had negative projected disposable income. Musselman’s proposed bankruptcy plan provided for Musselman to make payments for 55 months and did not provide for any payments to his unsecured creditors. One of Musselman’s unsecured creditors, eCast Settlement Corp. (eCast) (creditor), objected to the length of the proposed plan. The bankruptcy court sustained eCast’s objection, concluding that the applicable commitment period under § 1325(b)(4) of the Bankruptcy Code, five years, determined the plan length. Musselman appealed.

Rule of Law

Issue

Holding and Reasoning (Flanagan, C.J.)

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