21 B 10216
Trustee objected to confirmation of Debtor’s chapter 13 plan on the grounds that he did not propose the plan in good faith and that the plan does not provide that all of his projected disposable income will be committed to unsecured creditors.  HELD: Objection overruled.  Debtor established by a preponderance of the evidence that he proposed the plan in good faith.  The testimony supported a finding that he is separated from his non-filing spouse and that his amended schedules I and J represent his current financial situation.  Debtor also established that his plan provides for all of his projected disposable income to be applied to make payments to his unsecured creditors.  The proper test for whether his separated spouse’s income should be included asks if her income is paid on a regular basis for the household expenses of the debtor or his dependents.  Also, as a below-median debtor, his claimed expenses are necessary and reasonable; this was a question of fact resolved by the testimony, exhibits and judicial discretion.  Finally, Debtor established the amount of his income.