Interim Order on Motion of Chapter 13 Debtor to retain net proceeds from settlement of lawsuit to pay for various expenses. Chapter 13 Trustee objected asserting that the proceeds represented “disposable income” under 11 U.S.C. § 1325(b)(2), and that Debtor must establish these funds are reasonably necessary for the maintenance and support of Debtor or his dependents, regardless of whether they may be exempted. Trustee also asserted retention by Debtor would violate 11 U.S.C. § 1324(a)(4), citing In re Springer, 338 B.R. 515 (Bankr. N.D.Ga. 2005). Court concluded Section 1325(b), and thus Springer, did not apply since plan had been confirmed. Court next addressed proposed modification of plan with respect to Debtor’s proposed use of the subject proceeds and set evidentiary hearing on issue of claimed exemption under O.C.G.A § 44-13-100(a)(11)(D) for personal bodily injury."
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