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06/09/2010 04:43:00 PM EST

Hamilton v. Lanning, 2010 U.S. LEXIS 4568 (June 7, 2010)

LexisNexis Overview:  "Forward looking" approach could be used in calculating "projected disposable income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B) as courts had discretion to account for known or virtually certain changes in a debtor's income. Use of Chapter 13 debtor's current income, not an inflated figure due to a prior one-time employer buyout, was affirmed.

Counsel: Jan Hamilton argued the cause for the petitioner.

Sarah Harrington argued the cause for the petitioner as amicus curiae, by special leave of the Court.

Thomas C. Goldstein argued the cause for the respondent.

Judges: ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and STEVENS, KENNEDY, THOMAS, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. SCALIA, J., filed a dissenting opinion.

OPINION BY: ALITO

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Read news item: High Court Adopts Forward-Looking Method Of Calculating Disposable Income

 


 
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    BANKRUPTCY COMMENTARY wrote The Supreme Court's Holding in Hamilton v. Lanning, 2010 U.S. LEXIS 4568 (2010)
    on Mon, Jun 21 2010 6:11 PM

    In this Emerging Issues Analysis, Professor Klee comments on the Court's ruling in Hamilton v. Lanning

    Bankruptcy Law Podcast wrote LexisNexis® Bankruptcy Law Community Podcast featuring Henry Sommer, Co-Editor- in-Chief of Collier on Bankruptcy, on the U.S. Supreme Court's decision in Hamilton v. Lanning
    on Tue, Jul 13 2010 8:57 AM

    On this edition, Henry Sommer, Co-Editor-in-Chief of Collier on Bankruptcy and the LexisNexis Matthew

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