073391P.pdf   10/27/2008  David D. Coop  v.  Craig Frederickson
   U.S. Court of Appeals Case No:  07-3391
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit   
   [PUBLISHED] [Wollman, Author, with Beam and Riley, Circuit Judges]
   Civil case - bankruptcy. An above-median Chapter 13 debtor's plan
   must extend for five years, i.e., the length of the applicable commitment
   period, and the Bankruptcy Court and Bankruptcy Appellate Panel erred
   in holding that a bankruptcy court can confirm a shorter plan period when
   the debtor has negative disposable income as defined in 11 U.S.C. Sec.
   1325(b)(2) and calculated on Form 22C; debtor's disposable income
   calculation on Form 22C is a starting point for determining the debtor's
   projected disposable income, but the final calculation can take into
   consideration changes that have occurred in the debtor's financial
   circumstances as well as the debtor's actual income and expenses as
   reported in Schedules I and II; applying these principles here, debtor does
   have projected disposable income, and a plan cannot be confirmed over
   the trustee's objection unless it extends for the entire sixty-month
   applicable commitment period; order confirming a shorter plan is
   reversed and the case is remanded for further proceedings.