Respondent Brief, Hamilton v. Lanning

January 27, 2010
Dechert attorneys G. Eric Brunstad, Jr., Collin O’Connor Udell and Matthew J. Delude assisted on the respondent’s brief for this case, which presented the question whether in calculating a chapter 13 debtor’s “projected disposable income,” the bankruptcy court may account for the fact that the debtor’s income or expenses during the plan period will vary substantially from those during the pre-filing period. On June 7, 2010, the Supreme Court issued its opinion in favor of our client, holding that “when a bankruptcy court calculates a debtor’s projected disposable income, the court may account for changes in the debtor’s income or expenses that are known or virtually certain at the time of confirmation.”