658 B.R. 178
Bankr. E.D. Wash.2024Background
- Calvin Scott Page and Helen Villabane Page filed for Chapter 13 bankruptcy in May 2023, owing several vehicle loans, including two for recently purchased vehicles.
- Debtors proposed to fully repay certain long-term vehicle loans within the five-year bankruptcy plan, ahead of contractual maturity dates, resulting in larger monthly payments to those lenders.
- The accelerated payments would reduce the funds available for unsecured creditors, sparking an objection from the Chapter 13 trustee.
- The debtors also claimed larger expense deductions on their means test form (Form 122C-2) by reamortizing these loans, thus reducing their calculated disposable income.
- The trustee objected to both the plan and the means test calculations, asserting these moves hurt unsecured creditors and were not in good faith.
- The case saw multiple hearings and briefing on whether the debtors’ proposed treatment of vehicle loans (especially "910 claims") was permissible under the Bankruptcy Code.
Issues
| Issue | Plaintiffs’ Argument (Pages) | Defendant's Argument (Trustee) | Held |
|---|---|---|---|
| Must 910 claims be reamortized and paid in full within the Chapter 13 plan term? | Yes – Debtors argue the “hanging paragraph” of §1325(a) mandates full repayment of 910 claims within plan term. | No – Trustee argues the Code does not require reamortization; cure-and-maintain is still allowed for long-term loans. | No, court holds the Code does not require reamortization; debtors can cure and maintain under §1322(b)(5). |
| Can debtors use reamortized plan payments for expense deductions in the means test? | Yes – The debtors claim deductions should be based on plan’s proposed payments. | No – Trustee argues only contractually due prepetition payments are deductible. | No, only prepetition contractual payments can be used in the means test. |
| Is the proposed plan confirmable under Chapter 13 good faith requirements? | Yes – Pages contend their plan is permissible and aligns with the Code. | No – Trustee asserts plan unfairly manipulates Code to favor secured creditors over unsecured, showing lack of good faith. | Plan is not confirmable; reamortization and inflated deductions are not in good faith. |
| Should the case be dismissed? | No – Pages seek plan confirmation or continued proceedings. | Yes – Trustee seeks dismissal due to unconfirmable plan and undue delay. | Yes, case dismissed for failure to confirm a plan and undue delay. |
Key Cases Cited
- Till v. SCS Credit Corp., 541 U.S. 465 (interest rate determination for cramdown in Chapter 13)
- Stern v. Marshall, 564 U.S. 462 (core jurisdiction in bankruptcy proceedings)
- Hamilton v. Lanning, 560 U.S. 505 (forward-looking approach for projected disposable income in bankruptcy)
- Ransom v. FIA Card Servs., N.A., 562 U.S. 61 (means test interpretation for disposable income)
- Lewis v. Mfrs. Nat’l Bank, 364 U.S. 603 (avoidance of windfalls in bankruptcy)
