Liam Patrick Geatz and Stacey Lynn Geatz

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILMINGTON DIVISION
IN RE:
LIAM PATRICK GEATZ and
STACY LYNN GEATZ,
DEBTORS 	CASE NO. 08-01384-8-JRL
______________________________________________________________________________
ORDER
This case is before the court on the motion of Liam and Stacy Geatz (“debtors”) to disregard
the debtors’ “current monthly income,” listed in their Form B22C, in determining income available
to fund their Chapter 13 plan.
On February 29, 2008, the debtors filed a voluntary petition under Chapter 13 of the
Bankruptcy Code. The debtors’ Schedule I lists their average monthly income as $2,895.00, and
their Form B22C lists their “current monthly income” as $4,034.00. The debtors’ present motion
contends that their Schedule I income more accurately reflects their anticipated monthly income over
the next six months because the male debtor is currently unemployed and is not anticipating any
substantial work in the next twelve months. Accordingly, the debtors seek to use this Schedule I
figure, as opposed to Form B22C’s “currently monthly income,” in determining their available
SO ORDERED.
SIGNED this 21 day of May, 2008.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
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income to fund their Chapter 13 plan.
Were this case governed by the Bankruptcy Code prior to the enactment of the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), the relief presently sought
by the debtors would have been clearly within the court’s discretion. 	However, BAPCPA has
eliminated any such discretion. The new law “plainly sets forth a new definition and method for
calculating disposable income, and Form B22C is the tool for arriving at that disposable income
figure . . . .” In re Alexander, 344 B.R. 742, 747 (Bankr. E.D.N.C. 2006). Therefore, the debtors’
motion to use their Schedule I in determining income available to fund their Chapter 13 plan is
denied. However, the denial of this motion in no way precludes the debtors from seeking the court’s
permission to re-file their Schedule I and Form B22C in order to calculate their “current monthly
income” using a six-month period other than the six months immediately preceding their bankruptcy
petition. See e.g., In re Corey, Case No. 07-03402-8-JRL (Bankr. E.D.N.C. Jan. 10, 2008); In re
McQueen, Case. No. 07-03011-8-JRL (Bankr. E.D.N.C. Dec. 21, 2007).
“END OF DOCUMENT”
Case 08-01384-8-JRL Doc 22 Filed 05/21/08 Entered 05/21/08 12:34:11 Page 2 of 2