Harman v. Fink (In re Harman)

Summarized by Mark Bossi , Thompson Coburn LLP
15 years 5 months ago

Citation:

Harman v. Fink (In re Harman), Case No. 10-6025, Eighth Circuit BAP (September 3, 2010)

Tag(s):

8th Circuit

Ruling:

The 8th Circuit BAP rules that joint debtors must combine their income for the purpose of determining the applicable commitment period for a Chapter 13 plan even though they maintain separate households.

Procedural context:

Appeal from the Bankruptcy Court for the Western District of Missouri confirming the debtors' joint chapter 13 plan.

Facts:

After several failed attempts to confirm a 36-month chapter 13 plan, the debtors filed a 55-month plan and objected to its confirmation on the grounds that their incomes should be separately considered for determining the applicable commitment period because they maintain separate households. The bankruptcy court overruled the debtors' objection and confirmed the 55-month plan (noting that the trustee did not object to the debtors' proposal of a 55-month plan rather than a 60-month plan). The debtors appealed to the BAP, which affirms.

Judge(s):

Kressel, Schermer, Mahoney

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