From Aki Koyama re: Chapter 13 Commitment Period

From Aki Koyama from Ms. Dockery’s office –

It appears that SCOTUS has denied cert for In re Baud which would have presented the fundamental issue of whether or not the Applicable Commitment Period is purely an independent, temporal measurement squarely before the Justices.  This breathes new life into the appeals set to be heard before the 9th Circuit to reexamine this issue in light of their prior holding in Kagenveama.

Currently, three appeals regarding the Applicable Commitment Period are pending before the 9th Circuit and one new appeal, Reed out of Oregon, is before the 9th Circuit BAP.  Hopefully, we will have an answer to this issue in 2012.  The three cases are In  re Henderson (the Idaho case and the appeal filed by the chapter 13 Trustee); In re Henderson (the same Idaho case but the appeal was filed by a creditor); In re Flores (this is the appeal with Borowitz & Clark and Rod Danielson).

Leave a Reply


− two = 3