IN RE QUIGLEY

No. 09-2102.

673 F.3d 269 (2012)

In re Susan QUIGLEY, Debtor. Helen M. Morris, Trustee-Appellant, v. Susan Quigley, Debtor-Appellee. United States of America; Ecast Settlement Corporation, assignee of FIA Card Services a/k/a Bank of America, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2012.


Attorney(s) appearing for the Case

ARGUED: Susan Kaye Cannon-Ryan , Office of the Chapter 13 Trustee, South Charleston, West Virginia, for Appellant. Wendy Cox , United States Department of Justice, Washington, D.C.; William Andrew McNeal , Becket & Lee, LLP, Malvern, Pennsylvania, for Amici Supporting Appellant. Kelly Gene Kotur , Davis Law Offices, Bridgeport, Ohio, for Appellee. ON BRIEF: D. William Davis , Davis Law Offices, Bridgeport, Ohio, for Appellee. W. Clarkson McDow, Jr. , United States Trustee, Region 4, Douglas A. Kilmer , United States Department of Justice, Charleston, West Virginia; Ramona D. Elliott , General Counsel, P. Matthew Sutko , Associate General Counsel, Catherine B. Sevcenko , United States Department of Justice, Washington, D.C., for the United States, Amicus Supporting Appellant. Gilbert B. Weisman , Becket & Lee, LLP, Malvern, Pennsylvania, for eCast Settlement Corporation, Amicus Supporting Appellant.

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.


OPINION

TRAXLER, Chief Judge:

Helen M. Morris ("the Trustee"), the bankruptcy trustee in the Chapter 13 bankruptcy of Susan Quigley ("the Debtor"), appeals a district court order affirming a bankruptcy court ruling that in calculating projected disposable income, the Debtor could deduct the monthly payments that she would not in fact be required to make. We reverse and remand.

I.

The Debtor filed a Chapter 13 bankruptcy petition on January...

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