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Baud v. Carroll

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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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Uribarri J, Oh MS, Carroll HJ. D-lactic acidosis. Mégarbane B, Brivet F, Guérin JM, Baud FJ. [Lactic acidosis and multi-organ failure secondary to anti-retroviral therapy in HIV-infected patients].

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See 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). First, a minority of bankruptcy courts view the "applicable commitment period" solely as a monetary "multiplier"; under that "monetary" approach, the number of

Uribarri J, Oh MS, Carroll HJ. D-lactic acidosis. Mégarbane B, Brivet F, Guérin JM, Baud FJ. [Lactic acidosis and multi-organ failure secondary to anti-retroviral therapy in HIV-infected patients].

Today the Supreme Court denied certiorari in the case of Baud v.Carroll, which raised the issue of the appropriate applicable commitment period for an above-median income debtor with no "projected disposable income." The Sixth Circuit Court of Appeals held below that above-median income debtors with no projected disposable income must propose five year plans if the trustee or unsecured.

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.

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“Blackbaud realizes that corporate citizenship goes beyond traditional philanthropy and finds intersections among the interests of their business and the interests of society to maximize the value.

No. __-____ IN THE Supreme Court of the United States _____ RICHARD BAUD AND MARLENE BAUD, Petitioners, v. KRISPEN S. CARROLL, CHAPTER 13 TRUSTEE IN BANKRUPTCY FOR THE EASTERN DISTRICT OF MICHIGAN, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals

On September 26, 2008 (the "Petition Date"), the Appellees filed for Chapter 13 protection with the United States Bankruptcy Court for the Eastern District of Michigan. See Baud v. Carroll, 415 B.R. 291, 293 (E.D.Mich.2009).

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