Flores to be Reheard En Banc by the Ninth Circuit

The 9th Circuit has vacated the Flores ruling by a three judge panel and ordered the case to be reheard en banc.   Flores is the case that ruled that an above median debtor with negative income per the means test does not have to have a five year plan.  It followed its prior ruling in Kagenveama and said that the Supreme Court in Lanning v. Hamilton did not reverse that portion of the Kagenveama ruling.   Go get ’em Nancy Clark.  I’ll be there.  Here is the order.   When I will post the briefing schedule and hearing date when I get them.

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