Maney

Maney v. Kagenveama

Good Law
United States Court of Appeals for the Ninth CircuitJune 23, 200806-17038California5,985 words

Opinion

Opinion

I. Background

In 2005, Kagenveama filed a petition for Chapter 13 pro- tection in the bankruptcy court. In her filing she included the required Schedules A through J, a Statement of Financial Affairs, a Master Mailing List, and a Form B22C Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income. Schedules I and J listed Kagenveama’s projected monthly income and expenses. Her Schedule I listed a monthly gross income of $6,168.21, with a monthly net income of $4,096.26. Her Schedule J listed monthly expenses of $2,572.37. Subtracting total monthly expenses from total monthly net income left Kagenveama with $1,523.89 in monthly income available to pay creditors.

Kagenveama filed an amended Form B22C listing an aver- age monthly gross income of $6,168.21 for the six months prior to her bankruptcy petition, yielding an annual income of 7172 IN RE: KAGENVEAMA $74,018.52. Because she was an above-median income debtor, § 1325(b)(3) required her to recalculate her expenses pursuant to § 707(b)(2). This recalculation produced a revised Form B22C listing her “disposable income” as a negative number: -$4.04.

Kagenveama determined…

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