Order Overruling Trustee’s Objection to Confirmation of Amended Chapter 13 Plan. Debtors filed a plan in which they proposed to pay unsecured claims in full over the life of the plan under § 1325(b)(1)(A) without interest. Trustee objected arguing that unsecured claims should be paid in full with interest because Debtors elected not to apply all of their monthly disposable income to the plan payment. Section 1325(b)(1) provides that to overcome an objection to confirmation, a debtor must either pay the full amount of projected disposable income for the applicable commitment period under (B), or all allowed unsecured claims in full under (A). Courts are split as to whether debtors opting to pay unsecured claims in full under (A) must pay interest on the unsecured claims. The Court determined that as used in § 1325(b)(1) the phrase “as of the effective date of the plan” does not impose a present value requirement and instead refers to the date on which the court is to determine whether (A) or (B) is satisfied. Unsecured creditors have no right to receive a debtor’s post-petition income under chapter 7. Thus, it makes sense that § 1325(b)(1)(A) would not require interest. Additionally, requiring interest under § 1325(b)(1)(A) would entitle creditors to more than they would be entitled to if debtors instead committed their disposable income under (B). Therefore, the Court held that § 1325(b)(1)(A) does not require payment of interest to holders of unsecured claims who will be paid the full amount of their respective claims over the plan term.
