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All plans are not created equally. The Court may consider any Chapter 13 bankruptcy
information appearing within schedules during the confirmation hearings, and in particular, often dwells on the dedication of
all disposable income for plan payments. Income frequently is an easy hurdle to pass, because it
may be calculated from pay stubs, tax returns, and other paper trails.
Expenses however are notoriously fraught with problems, differences of opinion, and frequent objections,
because after all, debtors and creditors rarely agree on a reasonable living standard for the debtor.
The new schedule of approved living expenses is also subject to
several gaping loopholes. Debtors may expect to either benefit from
creative interpretations of these new laws, or expect aggressive
creditors to object using converse arguments for clearly confirmable
plans. The trustee's recommendation will carry the greatest weight in
contentious oral arguments during hearings.
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