Writ of Certiorari: Baud v. Carroll, No. 11-27

November 16, 2011
Baud v. Carroll, No. 11-27 (U.S.) The U.S. Courts of Appeals agree that where an above-median-income debtor has positive disposable income, as calculated under section 1325(b)(2) of the Bankruptcy Code and the applicable form, the debtor’s Chapter 13 plan must run for five years. However, the U.S. Courts of Appeals disagree as to whether section 1325(b)(1)(B) of the Bankruptcy Code requires the Chapter 13 plan of an above-median-income debtor to last the full five-year period where the debtor has negative or zero “disposable income.” Based on this disagreement, Dechert attorneys G. Eric Brunstad, Jr. (counsel of record), Collin O’Connor Udell, and Matthew J. Delude filed a brief for respondent Trustee in support of certiorari.