In re Bridgeforth

556 B.R. 121, 2016 Bankr. LEXIS 2757, 2016 WL 4076420
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedJuly 29, 2016
DocketBANKRUPTCY NO. 5-14-bk-04499-JJT
StatusPublished
Cited by2 cases

This text of 556 B.R. 121 (In re Bridgeforth) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Bridgeforth, 556 B.R. 121, 2016 Bankr. LEXIS 2757, 2016 WL 4076420 (Pa. 2016).

Opinion

OPINION

John J. Thomas, Bankruptcy Judge

This matter comes before me by way of a hearing on confirmation of the Chapter 13 plan of the Debtor, Kyle Bridgeforth, who is without counsel. An Objection was filed by the Chapter 13 Trustee, Charles J. DeHart. Succinctly stated, the Trustee’s concerns are as follows:

1.The Debtor is required to dedicate all projected disposable income to the plan under § 1325(b)(1). In accordance with that requirement, the plan payment should be at least as much as disposable income set forth on Official Form (OF) 22C. Disposable income as calculated by 22C, the means test, exceeds the proposed plan payment of $31.47.

2. The Debtor’s spouse, being employed, is not a dependent of the Debtor and should not be counted as a member of the household.

3. Utility bills, not in the Debtor’s name, cannot support an expense on the means test without adding so much of the spouse’s income that would represent payment of that bill.

4. An increase in income during the pendency of the plan by reason of the satisfaction of a pension loan should be accounted for in the plan. .

5. Schedule J expenses exceed those deemed reasonable.

6. A reasonable amount of disposable income each month would approximate $600.00, which greatly exceeds the proposed plan payment of $31.47;

Debtor’s response is that use of current income and expenses is much more appropriate than relying on OF-22 and, also, he is legally liable for the debts of his spouse by reason of Pennsylvania law.

With regard to use of the “means” test, I am statutorily mandated to begin my analysis with that vehicle. 11 U.S.C. § 1325(b), This measure of “disposable income” is a formula spelled out in 11 U.S.C. § 707(b)(2)(A)(ii)(l) and incorporated into the provisions of Chapter 13 by § 1325(b)(3).

In making the calculation of disposable income, I am directed to'deduct from income those amounts that are reasonably necessary for support of the Debtors and the Debtors’ dependents. 11 U.S.C.§ 1325(b)(2). Use of the quoted term requires me to refer to 11 U.S.C.§ 707(b)(2) for further details. 11 U.S.C.§ 1325(b)(3). Generally speaking, [123]*123Section 707, in turn, allows standard deductions in three categories covered by the Internal Revenue Manual (IRM). Those general categories are National Standards, Local Standards, and Other Necessary Expenses.
Internal Revenue Service National Standards have been established for five expense items — (1) food, (2) housekeeping supplies, (3) apparel and services, (4) personal care products and services, and (5) miscellaneous. IRM 5.15.1.8. As indicated at the IRS web page, all expenses except miscellaneous are derived from the Bureau of Labor Statistics Gonsumer Expenditure Survey, http:// www.irs.gov/individuals/article/0„id= 96543,00.html. These allowances are for amounts based on family size without questioning the actual amount spent. The Bankruptcy Code provides that an additional allowance of “up to 5%” may be allowed for food and clothing if reasonable and necessary. 11 U.S.C. § 707(b)(2)(A)(ii).
Local Standards set forth in the IRM cover housing, utility, and transportation expense. IRM 5.15,1.9. It may be debatable whether the allowance is capped at the actual expenditure or the standard, whichever is less. The standards, nevertheless, represent the maximum deduction ( Ransom v. FIA Card Servs., N.A., 562 U.S. 61, 131 S.Ct. 716, 728 n. 8, 178 L.Ed.2d 603 (2011)), except as otherwise provided. See 11 U.S.C. § 707(b)(2)(A)(ii)(V).
Actual monthly expenditures are allowed in those categories identified by the Internal Revenue Service as “Other Necessary Expenses.” 11 U.S.C. 707(b)(2)(A)(ii)(I). “[T]hey must provide for the health and welfare of the taxpayer and/or his or her family or they must be for the production of income. This is determined based on the facts and circumstances of each case.” IRM 5.15.1.10.
Should the Debtors be in Chapter 7 and their allowable deduction of these identified categories of expenses result in such net income that an abusive Chapter 7 filing is indicated, then the Bankruptcy Code permits the allowance of other expenses or adjustments of current monthly income as a “special circumstance” should their situation allow for no reasonable alternative. 11 U.S.C, § 707(b)(2)(B)(i). (footnote omitted)

In re Gregory, 452 B.R. 895, 897-98 (Bankr.M.D.Pa.2011).

The Debtor’s implementation of that means test, as set forth in Official Form (OF) 22C, shows disposable income of $201.34. Doc. # ¿0. The Debtor argues that the lower payment provided by his plan is justified by reference to Schedules I and J which set forth his current and future income and expenses unlike the means test which is based on historical figures. A review of those schedules show income less expenses of $17.61.

In 2010, the Supreme Court of the United States resolved a split of authority as to whether future anticipated income and expenses, as set forth in Schedules I and J, could be considered in determining whether the minimum “disposable income” was being dedicated to the 13 plan. The Court reasoned that “[i]n cases in which a debt- or’s disposable income during the 6 month look-back period is either substantially lower or higher than the debtor’s disposable income during the plan period, the mechanical [look back] approach would produce senseless results that we do not think Congress intended.” Hamilton v. Lanning, 560 U.S. 505, 520, 130 S.Ct. 2464, 2475-76, 177 L.Ed.2d 23 (2010). “[W]e hold that when a bankruptcy court calculates a debtor’s projected disposable income, the court may account for changes [124]*124in the debtor’s income or expenses that are known or virtually certain at the time of confirmation.” Hamilton v. Lanning, 560 U.S. at 524, 130 S.Ct. at 2478 (2010).

As argued by the Debtor, therefore, the Court is not locked into reviewing only the means test to determine whether all disposable income is dedicated to funding the plan. Nevertheless, the Debtor, neither in his pleadings or his presentation, presented any indication that his income or expenses would be substantially altered post petition.

I will first address the legal issue of whether expenses should be based on a family of three or four people. Debtor and his non-filing spouse live in a household with two minor children. Both Debtor and his spouse are employed.

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Related

In re Plichta
589 B.R. 794 (N.D. Illinois, 2018)
DeHart v. Bridgeforth (In re Bridgeforth)
571 B.R. 669 (M.D. Pennsylvania, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
556 B.R. 121, 2016 Bankr. LEXIS 2757, 2016 WL 4076420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bridgeforth-pamb-2016.