Predicting The Future Of Disposable Income?

Law360 (March 22, 2010, 3:18 PM EDT) -- On March 22, the United States Supreme Court was scheduled to hear oral arguments in the case of Hamilton v. Lanning.

This case considers the proper application of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, passed by Congress to ensure that consumer debtors are forced to pay creditors in bankruptcy a fair amount, which is the spare income they have after living expenses are paid (called in technical bankruptcy law "projected disposable income").

The issue the Supreme Court is called upon to decide is simple: How should a court determine future disposable income?

BAPCPA prohibits courts from confirming any...

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