In the Matter of Cesar Ivan FLORES; Ana Maria Flores, Debtors.
Rod Danielson, Trustee-Appellant,
v.
Cesar Ivan Flores; Ana Maria Flores, Debtors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Robert J. Pfister (argued), Klee, Tuchin, Bogdanoff & Stern LLP, Los Angeles, CA, and Nancy B. Clark , Borowitz & Clark, LLP, West Covina, CA, for Debtors-Appellees.
William Andrew McNeal (argued) and Gilbert B. Weisman , Becket & Lee LLP, Malvern, PA, for Amici Curiae American Express Travel Related Services Co., Inc., American Express Bank, FSB, and American Express Centurion Bank.
Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, CA, for Amicus Curiae National Association of Consumer Bankruptcy Attorneys.
Before: KOZINSKI, Chief Judge, and PREGERSON, O'SCANNLAIN, THOMAS, SILVERMAN, GRABER, WARDLAW, PAEZ, MURGUIA, CHRISTEN, and NGUYEN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
GRABER, Circuit Judge:
In Maney v. Kagenveama (In re Kagenveama),541 F.3d 868, 875 (9th Cir.2008), we held that 11 U.S.C. § 1325(b)(1)(B) does not impose a minimum duration for a Chapter 13 bankruptcy plan if the debtor has no "projected disposable income," as defined in the statute. Today, sitting en banc, we overrule that aspect of Kagenveama and hold that the statute permits confirmation only...
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