BAUD v. CARROLL

No. 09-2164.

634 F.3d 327 (2011)

Richard L. BAUD and Marlene Baud, Appellees, v. Krispen S. CARROLL, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2011.


Attorney(s) appearing for the Case

ARGUED: Krispen S. Carroll , Office of the Chapter 13 Trustee, Detroit, Michigan, for Appellant. Melissa A. Caouette , Livonia, Michigan, for Appellees. ON BRIEF: Krispen S. Carroll , Maria Gotsis , Office of the Chapter 13 Trustee, Detroit, Michigan, for Appellant. Melissa A. Caouette , Charles J. Schneider , Livonia, Michigan, for Appellees.

Before: COLE and CLAY, Circuit Judges; KATZ, District Judge.


OPINION

COLE, Circuit Judge.

As numerous courts and commentators have noted, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") has created many difficult problems of statutory interpretation, none more vexing than those arising from application of the "projected disposable income test" imposed by 11 U.S.C. § 1325(b)(1). Under § 1325(b)(1)(B) of the Bankruptcy Code (the...

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