In re Lanning

[cwillie]

Just received a phone call and email from our attorney - yes, on a Saturday night believe it or not. The following is a quote from her email to us:

"Most importantly, a case just came down from the Supreme Court called In re Lanning. Before if you had a negative number on one of the forms you could be a 36 month Plan due to local case law. IT WAS OVERRULLED. Now there are NO MORE 36 MONTH PLANS and ALL plans if your six month income is over medium MUST be 60 months. I AM TRYING TO SQUEEZE EVERYONE IN THIS WEEKEND OR ON MONDAY BEFORE THE TRUSTEE'S COME BACK TO WORK BECAUSE IF WE DON'T DO ALL MODIFICATIONS NOW YOU WILL BE A 60 MONTH PLAN. The ruling essentially takes place immediately but I am working all weekend and Monday and hoping to get all people changed that need to be and hope they just start with the new law with cases that get filed next week."

[justbroke]

Yuck.

[HHM]

Lanning cut both ways...

If you were over median but showed negative DMI on the means test, a FEW districts allowed 36 month plans. However, already, most districts went by the rule that if you were under median, you could do a 36 month plan, but did not allow 36 months only if you were negative DMI on the means test.

However, the benefit of Lanning is that if your means test disposable income was higher than your schedule I&J income, you can use the lower DMI number from I&J. Frankly, I think the benefits of Lanning outweigh the negatives.

[Air00Max]

I am set up on a 50 month plan..my attorney explained to me that I could pay it off in 36 months, minimum. Would that still be correct?