Baud v. Carroll

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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.

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The Court gives, in its calendar of cases scheduled, the following docket number to the Baud v. Carroll case: 46692. This Supreme Court’s docket shows all the official actions in the Baud v. Carroll case. This is an advance summary of a forthcoming entry in the Encyclopedia of Law. Please check back later for the full entry.

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The Court gives, in its calendar of cases scheduled, the following docket number to the Baud v. Carroll case: 46692. This Supreme Court’s docket shows all the official actions in the Baud v. Carroll case. This is an advance summary of a forthcoming entry in the Encyclopedia of Law. Please check back later for the full entry.

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The decisions of our sister circuits support this conclusion. In Baud v. Carroll, 634 F.3d 327 (6th cir. 2011), the Sixth Circuit considered a claim made by a Michigan trustee under similar circumstances. The Baud trustee was also trying to convince the court to recognize social security benefits as projected disposable income. See id. at 330.

Baud v. Carroll, 2011 U.S. App. LEXIS 2182 (6th Cir. Mich. 2011). Where a Chapter 13 plan does not propose to pay unsecured creditors in full and an objection to confirmation is filed, a debtor with positive projected disposable income must propose a plan which extends for the applicable commitment period.

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Baud v. Carroll, 2011 U.S. App. LEXIS 2182 (6th Cir. Feb. 4, 2011); Whaley v. Tennyson. Specifically, the Circuit Court in Baud identified the following four camps: [One] The United States Court of Appeals for the Eleventh Circuit and a majority