In re Skiles

504 B.R. 871, 2014 WL 92477, 2014 Bankr. LEXIS 84
CourtUnited States Bankruptcy Court, N.D. Ohio
DecidedJanuary 9, 2014
DocketNo. 13-61565
StatusPublished
Cited by8 cases

This text of 504 B.R. 871 (In re Skiles) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Skiles, 504 B.R. 871, 2014 WL 92477, 2014 Bankr. LEXIS 84 (Ohio 2014).

Opinion

MEMORANDUM OF OPINION

RUSS KENDIG, Bankruptcy Judge.

The issue in this case is how to calculate household size for the purpose of the means test. The facts involve recurring issues relating to children from multiple parent sets living part-time at different locations. For the reasons that follow, the court selects the “economic unit” test for household size and decides in favor of the chapter 13 bankruptcy trustee.

Brian Alan Skiles (“Debtor”) filed a voluntary chapter 13 petition and chapter 13 plan on June 14, 2013. On August 16, 2013, Debtor amended his original chapter 13 plan (“Amended Plan”). The Amended Plan proposes monthly plan payments of $1,270.00 for a period of thirty-six months. Toby L. Rosen, the chapter 13 trustee (“Trustee”), objected to Debtor’s Amended Plan because she calculates Debtor’s annualized current monthly income as above the applicable median family income for an Ohio household the same size as Debtor’s, hereinafter referred to as Debtor being “above median,” requiring Debtor to make chapter 13 plan payments for sixty months. Trustee and Debtor disagree on two main points, both of which may alter the amount of time Debtor is required to make chapter 13 plan payments: (1) Who should be included within Debtor’s calculation of “household” for the purpose of determining the applicable median household income in Ohio; and (2) Should Debtor’s live-in girlfriend’s gross income, net income, the amount she contributes to Debt- or for household expenditures, or some other amount be included within Debtor’s current monthly income (“CMI”)?

[874]*874The court has jurisdiction over this case pursuant to 28 U.S.C. § 1334 and the general order of reference entered in this district on April 4, 2012. Venue in this district and division is proper pursuant to 28 U.S.C. § 1409. This is a core proceeding under 28 U.S.C. § 157(b)(2)(L).

Although Trustee and Debtor disagree on the legal standard that should be used to calculate the size of Debtor’s “household,” the relevant facts are not in dispute. The following seven people have lived within Debtor’s home for at least a portion of the last six months: Debtor, his wife1 (“Wife”), Debtor’s seven and nine year old children, and Wife’s seven, twelve, and eighteen year old children. Debtor is divorced from his children’s mother and has custody of the children for eight out of every fourteen days. Debtor claimed one of his children on his 2012 income tax return. Neither Debtor nor Trustee specify the amount of time Wife’s children live with Debtor, but Debtor’s bankruptcy petition lists Wife’s three children as dependents. Wife claimed one of her children on her 2012 income tax return.

Debtor’s calculation of CMI lists monthly gross wages of $4,647.43, monthly rental and other real property income of $1,225.00, and a $2,000.00 monthly contribution from Wife, for CMI of $7,872.42. When multiplied by twelve, Debtor’s annualized CMI is $94,469.16. The applicable median income for a seven person household within Ohio, as determined by the United States Census Bureau (“Census Bureau”), is $98,570.00, which is greater than Debtor’s annualized CMI. However, if Debtor’s household size is reduced to six members, the applicable median household income is $90,470.00, which is below Debt- or’s annualized CMI.2 The median family income within Ohio that corresponds with Debtor’s household size will hereinafter be referred to as the “applicable median.” While Debtor only claims $2,000.00 of Wife’s income in his CMI, her 2012 tax return shows gross income of $40,443.00, which equates to monthly gross income of $3,370.25. According to Wife’s paystubs for the six months immediately preceding Debtor’s bankruptcy, her average monthly gross income is $3,868.73 and her average monthly net income is $2,568.02.

Law and Analysis

Section 1325 of the bankruptcy code (the “Code”) governs the confirmation requirements of a chapter 13 plan, including the length of time a chapter 13 debtor must make plan payments. This timeframe is known as the “applicable commitment period,” the length of which is:

(i) 3 years; or
(ii) not less than 5 years, if the current monthly income of the debtor and the debtor’s spouse combined, when multiplied by 12, is not less than ...
(II) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or
(III) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $675 per month for each individual in excess of 4; and
(B) may be less than 3 or 5 years, whichever is applicable under subpara-graph (A), but only if the plan provides [875]*875for payment in full of all allowed unsecured claims over a shorter period.

11 U.S.C. § 1325(b)(4). Therefore, if a debtor’s annualized CMI is above the median income for a household of the same size within the same state, the debtor must make plan payments for sixty months unless the creditors are paid in full at an earlier date. As Debtor’s Amended Plan proposes to pay 0% to unsecured creditors, his chapter 13 plan cannot be confirmed unless his annualized CMI is below median or he agrees to make plan payments for sixty months.

To determine if a debtor is above the applicable median, his CMI must be calculated. CMI, a term defined by the bankruptcy code, is “the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during the 6-month period” starting with the month immediately preceding the commencement of the bankruptcy case. 11 U.S.C. § 101(10A). CMI is not limited to the debtor’s income, as it also “includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents.” Id. § 101(10A)(B). Thus, by definition, income from a nondebtor that is not paid to the debtor for household expenses -will not be part of a debtor’s CMI. 8 Collier on Bankruptcy, ¶ 1325.11[4][d] (Alan N. Resniek & Henry J. Sommers eds., 16th ed. 2013).

Before a court can compare a debtor’s CMI to the applicable median, the size of a debtor’s “household” must be determined. While the term “household” is used within § 1325(b)(4), as well as other sections of the Code,3 the term is undefined. Johnson v. Zimmer, 686 F.3d 224, 232 (4th Cir.2012); In re Smith, 396 B.R. 214, 216 (Bankr.W.D.Mich.2008).

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Bluebook (online)
504 B.R. 871, 2014 WL 92477, 2014 Bankr. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-skiles-ohnb-2014.