No. 09-2164 Baud, et al v. Carroll Page 3 of the plan and that, even if 1325(b) does mandate a minimum plan length, there is an exception for debtors, like them, with negative projected disposable income.
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In Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011), the Sixth Circuit considered a claim made by a Michigan trustee under similar circumstances. The Baud trustee was also trying to convince the court to recognize social security benefits as projected disposable income. See id. at 330.
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Baud v. Carroll, No. 11-27 (U.S.)The U.S. Courts of Appeals agree that where an above-median-income debtor has positive disposable income, as calculated under section 1325(b)(2) of the Bankruptcy Code and the applicable form, the debtor’s Chapter 13 plan must run for five years. The Sixth Circuit in Baud v. Uribarri J, Oh MS, Carroll HJ.
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Baud v. Carroll, 634 F.3d 327 (6th cir. 2011). federal standards do not preempt motorcycle helmet class action suit. The sixth circuit held that the National Traffic and Motor Ve-hicle Safety Act of 1966 does not preempt a class action over al-legedly defective motorcycle helmets. Fabian v.
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The 6th Circuit Court of Appeals held in Baud v. Carroll, 634 F.3d 327, 336"38 (6th Cir. 2011) (describing split of decisions and collecting cases), cert. denied, 132 S. Ct. 997 (2012) that there was a split of decisions and three ways to look at this problem: (a) held that where there is no disposable income, that the total amount which.
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The Sixth Circuit in Baud v. Carroll similarly concluded that "a debtor with zero or negative projected disposable income may propose a confirmable plan by making available income that falls outside of the definition of disposable income . . . ."
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