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Full Opinion
delivered the opinion of the Court.
Chapter 13 of the Bankruptcy Code provides bankruptcy protection to âindividual[s] with regular incomeâ whose debts fall within statutory limits. 11 U. S. C. §§ 101(30), 109(e). Unlike debtors who file under Chapter 7 and must liquidate their nonexempt assets in order to pay creditors, see §§ 704(a)(1), 726, Chapter 13 debtors are permitted to keep their property, but they must agree to a court-approved plan under which they pay creditors out of their future income, see §§ 1306(b), 1321,1322(a)(1), 1328(a). A bankruptcy trustee oversees the filing and execution of a Chapter 13 debtorâs plan. § 1322(a)(1); see also 28 U. S. C. § 586(a)(3).
Section 1325 of Title 11 specifies circumstances under which a bankruptcy court âshallâ and âmay notâ confirm a plan. §§ 1325(a), (b). If an unsecured creditor or the bankruptcy trustee objects to confirmation, § 1325(b)(1) requires
We granted certiorari to decide how a bankruptcy court should calculate a debtorâs âprojected disposable income.â Some lower courts have taken what the parties term the âmechanical approach,â while most have adopted what has been called the âforward-looking approach.â We hold that the âforward-looking approachâ is correct.
I
As previously noted, § 1325 provides that if a trustee or an unsecured creditor objects to a Chapter 13 debtorâs plan, a bankruptcy court may not approve the plan unless it provides for the full repayment of unsecured claims or âprovides that all of the debtorâs projected disposable income to be receivedâ over the duration of the plan âwill be applied to make paymentsâ in accordance with the terms of the plan. 11 U. S. C. § 1325(b)(1); see also § 1325(b)(1) (2000 ed.). Before the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), 119 Stat. 23, the Bankruptcy Code (Code) loosely defined âdisposable incomeâ as âincome which is received by the debtor and which is not reasonably necessary to be expendedâ for the âmaintenance or support of the debtor,â for qualifying charitable contributions, or for business expenditures. §§ 1325(b)(2)(A), (B).
The Code did not define the term âprojected disposable income,â and in most cases, bankruptcy courts used a mechanical approach in calculating projected disposable income. That is, they first multiplied monthly income by the number of months in the plan and then determined what portion of the result was âexcessâ or âdisposable.â See 2 K. Lundin, Chapter 13 Bankruptcy §164.1, p. 164-1, and n. 4 (3d ed. 2000) (hereinafter Lundin (2000 ed.)) (citing cases).
In exceptional cases, however, bankruptcy courts took into account foreseeable changes in a debtorâs income or ex
BAPCPA left the term âprojected disposable incomeâ undefined but specified in some detail how âdisposable incomeâ is to be calculated. âDisposable incomeâ is now defined as âcurrent monthly income received by the debtorâ less âamounts reasonably necessary to be expendedâ for the debt- orâs maintenance and support, for qualifying charitable contributions, and for business expenditures. §§ 1325(b)(2) (A)(i) and (ii) (2006 ed.). âCurrent monthly income,â in turn, is calculated by averaging the debtorâs monthly income during what the parties refer to as the 6-month lookback period, which generally consists of the six full months preceding the filing of the bankruptcy petition. See § lOl(lOAXAXi).
A
Respondent had $86,793.36 in unsecured debt when she filed for Chapter 13 bankruptcy protection in October 2006. In the six months before her filing, she received a one-time buyout from her former employer, and this payment greatly inflated her gross income for April 2006 (to $11,990.03) and for May 2006 (to $15,356.42). App. 84, 107. As a result of these payments, respondentâs current monthly income, as averaged from April through October 2006, was $5,343.70 â a figure that exceeds the median income for a family of one in Kansas. See id., at 78. Respondentâs monthly expenses, calculated pursuant to § 707(b)(2), were $4,228.71. Id., at 83. She reported a monthly âdisposable incomeâ of $1,114.98 on Form 22C. Ibid.
On the form used for reporting monthly income (Schedule I), she reported income from her new job of $1,922 per month â which is below the state median. Id., at 66; see also id., at 78. On the form used for reporting monthly expenses (Schedule J), she reported actual monthly expenses of $1,772.97. Id., at 68. Subtracting the Schedule J figure from the Schedule I figure resulted in monthly disposable income of $149.03.
Respondent filed a plan that would have required her to pay $144 per month for 36 months. See id., at 93. Petitioner, a private Chapter 13 trustee, objected to confirmation of the plan because the amount respondent proposed to pay was less than the full amount of the claims against her, see § 1325(b)(1)(A), and because, in petitionerâs view, respondent was not committing all of her âprojected disposable incomeâ to the repayment of creditors, see § 1325(b)(1)(B). According to petitioner, the proper way to calculate projected disposable income was simply to multiply disposable income, as calculated on Form 22C, by the number of months in the commitment period. Employing this mechanical approach,
B
The Bankruptcy Court endorsed respondentâs proposed monthly payment of $144 but required a 60-month plan period. In re Lanning, No. 06-41037 etc., 2007 WL 1451999, *8 (Bkrtcy. Ct. Kan. 2007). The court agreed with the majority view that the word âprojectedâ in § 1325(b)(1)(B) requires courts âto consider at confirmation the debtorâs actual income as it is reported on Schedule I.â Id., at *5 (emphasis added). This conclusion was warranted by the text of § 1325(b)(1), the Bankruptcy Court reasoned, and was necessary to avoid the absurd result of denying bankruptcy protection to individuals with deteriorating finances in the six months before filing. Ibid.
Petitioner appealed to the Tenth Circuit Bankruptcy Appellate Panel, which affirmed. In re Lanning, 380 B. R. 17, 19 (2007). The panel noted that, although Congress redefined âdisposable incomeâ in 2005, it chose not to alter the pre-existing term âprojected disposable income.â Id., at 24. Thus, the panel concluded, there was no reason to believe that Congress intended to alter the pre-BAPCPA practice under which bankruptcy courts determined projected disposable income by reference to Schedules I and J but considered other evidence when there was reason to believe that the schedules did not reflect a debtorâs actual ability to pay. Ibid.
The Tenth Circuit affirmed. In re Lanning, 545 F. 3d 1269, 1270 (2008). According to the Tenth Circuit, a court, in calculating âprojected disposable income,â should begin with the âpresumptionâ that the figure yielded by the mechanical approach is correct, but the court concluded that
This petition followed, and we granted certiorari. 558 U. S. 989 (2009).
Ill
A
The parties differ sharply in their interpretation of § 1325âs reference to âprojected disposable income.â Petitioner, advocating the mechanical approach, contends that âprojected disposable incomeâ means past average monthly disposable income multiplied by the number of months in a debtorâs plan. Respondent, who favors the forward-looking approach, agrees that the method outlined by petitioner should be determinative in most cases, but she argues that in exceptional eases, where significant changes in a debtorâs financial circumstances are known or virtually certain, a bankruptcy court has discretion to make an appropriate adjustment. Respondent has the stronger argument.
First, respondentâs argument is supported by the ordinary meaning of the term âprojected.â âWhen terms used in a statute are undefined, we give them their ordinary meaning.â Asgrow Seed Co. v. Winterboer, 513 U. S. 179, 187 (1995). Here, the term âprojectedâ is not defined, and in ordinary usage future occurrences are not âprojectedâ based on the assumption that the past will necessarily repeat itself. For example, projections concerning a companyâs future sales or the future cashflow from a license take into account anticipated events that may change past trends. See, e. g., Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U. S. 308, 316 (2007) (describing adjustments to âprojected salesâ in light of falling demand); Innovair Aviation, Ltd. v. United States, 83 Fed. Cl. 498, 502, 504-506 (2008) (calculating projected cashflow and noting that past sales are ânot necessarily the number of salesâ that will be made in the future). On the night of an election, experts do not âprojectâ the percentage
Second, the word âprojectedâ appears in many federal statutes, yet Congress rarely has used it to mean simple multiplication. For example, the Agricultural Adjustment Act of 1938 defined âprojected national yield,â âprojected county yield,â and âprojected farm yieldâ as entailing historical averages âadjusted for abnormal weather conditions,â âtrends in yields,â and âany significant changes in production practices.â 7 U. S. C. §§ 1301(b)(8)(B), (13)(J), (K).
By contrast, we need look no further than the Bankruptcy Code to see that when Congress wishes to mandate simple multiplication, it does so unambiguously â most commonly by using the term âmultiplied.â See, e. g., 11 U. S. C. § 1325(b)(3) (âcurrent monthly income, when multiplied by
Third, pre-BAPCPA case law points in favor of the âforward-lookingâ approach. Prior to BAPCPA, the general rule was that courts would multiply a debtorâs current monthly income by the number of months in the commitment period as the first step in determining projected disposable income. See, e. g., In re Killough, 900 F. 2d 61, 62-63 (CA5 1990) (per curiam); In re Anderson, 21 F. 3d 355, 357 (CA9 1994); In re Solomon, 67 F. 3d 1128, 1132 (CA4 1995). See 2 Lundin § 164.1, at 164-1 (2000 ed.) (âMost courts focus on the debtorâs current income and extend current income (and expenditures) over the life of the plan to calculate projected disposable incomeâ). But courts also had discretion to account for known or virtually certain changes in the debtorâs income. See Heath, 182 B. R., at 559-561; Richardson, 283 B. R., at 799; In re James, 260 B. R. 498, 514-515 (Bkrtcy. Ct. Idaho 2001); In re Jobe, 197 B. R. 823, 826-827 (Bkrtcy. Ct. WD Tex. 1996); In re Crompton, 73 B. R. 800, 808 (Bkrtcy. Ct. ED Pa. 1987); see also In re Schyma, 68 B. R. 52, 63 (Bkrtcy. Ct. Minn. 1985) (â[T]he prospect of dividends ... is not so certain as to require Debtors or the Court to consider them as regular or disposable incomeâ); In re Krull, 54 B. R. 375, 378 (Bkrtcy. Ct. Colo. 1985) (âSince there are no changes in income which can be clearly foreseen, the Court must simply multiply the debtorâs current disposable income by 36 in order to determine his âprojectedâ incomeâ).
Pre-BAPCPA bankruptcy practice is telling because we â â âwill not read the Bankruptcy Code to erode past bankruptcy practice absent a clear indication that Congress intended such a departure.âââ Travelers Casualty & Surety Co. of America v. Pacific Gas & Elec. Co., 549 U. S. 443, 454 (2007); Lamie v. United States Trustee, 540 U. S. 526, 539 (2004); Cohen v. de la Cruz, 523 U. S. 213, 221 (1998); see also Grogan v. Garner, 498 U. S. 279, 290 (1991); Kelly v. Robinson, 479 U. S. 36, 47 (1986). Congress did not amend the term âprojected disposable incomeâ in 2005, and pre-BAPCPA bankruptcy practice reflected a widely acknowledged and well-documented view that courts may take into account known or virtually certain changes to debtorsâ income or expenses when projecting disposable income. In light of this historical practice, we would expect that, had Congress intended for âprojectedâ to carry a specializedâ and indeed, unusual â meaning in Chapter 13, Congress would have said so expressly. Cf., e. g., 26 U. S. C. §§ 279(c)(3)(A), (B) (expressly defining âprojected earningsâ as reflecting a 3-year historical average).
B
The mechanical approach also clashes repeatedly with the terms of 11 U. S. C. § 1325.
First, § 1325(b)(l)(B)âs reference to projected disposable income âto be received in the applicable commitment periodâ strongly favors the forward-looking approach. There is no dispute that respondent would in fact receive far less than $756 per month in disposable income during the plan period, so petitionerâs projection does not accurately reflect âincome
Second, § 1325(b)(1) directs courts to determine projected disposable income âas of the effective date of the plan,â which is the date on which the plan is confirmed and becomes binding, see § 1327(a). Had Congress intended for projected disposable income to be nothing more than a multiple of disposable income in all cases, we see no reason why Congress would not have required courts to determine that value as of the filing date of the plan. See Fed. Rule Bkrtcy. Proe. 3015(b) (requiring that a plan be filed within 14 days of the filing of a petition). In the very next section of the Code, for example, Congress specified that a debtor shall commence payments ânot later than 30 days after the date of the filing of the plan.â § 1326(a)(1) (emphasis added). Congressâ decision to require courts to measure projected disposable income âas of the effective date of the planâ is more consistent with the view that Congress expected courts to consider postfiling information about the debtorâs financial circumstances. See 545 F. 3d, at 1279 (ââ[Determining whether or not a debtor has committed all projected disposable income to repayment of the unsecured creditors âas of the effective date of the planâ suggests consideration of the debtorâs actual financial circumstances as of the effective date of the planâ).
Third, the requirement that projected disposable income âwill be applied to make paymentsâ is most naturally read to contemplate that the debtor will actually pay creditors
C
The arguments advanced in favor of the mechanical approach are unpersuasive. Noting that the Code now provides a detailed and precise definition of âdisposable income,â proponents of the mechanical approach maintain that any departure from this method leaves that definition ââwith no apparent purpose.â â In re Kagenveama, 541 F. 3d 868, 873 (CA9 2008). This argument overlooks the important role that the statutory formula for calculating âdisposable incomeâ plays under the forward-looking approach. As the Tenth Circuit recognized in this case, a court taking the forward-looking approach should begin by calculating disposable income, and in most cases, nothing more is required. It is only in unusual cases that a court may go further and take into account other known or virtually certain information about the debtorâs future income or expenses.
Petitioner faults the Tenth Circuit for referring to a rebut-table âpresumptionâ that the figure produced by the mechanical approach accurately represents a debtorâs âprojected disposable income.â See 545 F. 3d, at 1278-1279. Petitioner notes that the Code makes no reference to any such presumption but that related Code provisions expressly create other rebuttable presumptions. See §§707(b)(2)(A)(i) and (B)(i). He thus suggests that the Tenth Circuit improperly supplemented the text of the Code.
The Tenth Circuitâs analysis, however, simply heeds the ordinary meaning of the term âprojected.â As noted, a person making a projection uses past occurrences as a starting point, and that is precisely what the Tenth Circuit prescribed. See, e. g., Nowlin, supra, at 260, 263.
Petitioner also notes that § 707 allows courts to take âspecial circumstancesâ into consideration, but that § 1325(b)(3) incorporates § 707 only with respect to calculating expenses. See In re Wilson, 397 B. R. 299, 314-315 (Bkrtcy. Ct. MDNC 2008). Thus, he argues, a âspecial circumstancesâ exception should not be inferred with respect to the debtorâs income. We decline to infer from § 1325âs incorporation of § 707 that Congress intended to eliminate, sub silentio, the discretion that courts previously exercised when projecting disposable income to account for known or virtually certain changes. Accord, In re Liverman, 383 B. R. 604, 613, and n. 15 (Bkrtcy. Ct. NJ 2008).
D
In cases in which a debtorâs disposable income during the 6-month lookback period is either substantially lower or higher than the debtorâs disposable income during the plan period, the mechanical approach would produce senseless results that we do not think Congress intended. In cases in which the debtorâs disposable income is higher during the plan period, the mechanical approach would deny creditors payments that the debtor could easily make. And where, as in the present case, the debtorâs disposable income during
In order to avoid or at least to mitigate the harsh results that the mechanical approach may produce for debtors, petitioner advances several possible escape strategies. He proposes no comparable strategies for creditors harmed by the mechanical approach, and in any event none of the maneuvers that he proposes for debtors is satisfactory.
1
Petitioner first suggests that a debtor may delay filing a petition so as to place any extraordinary income outside the 6-month lookback period. We see at least two problems with this proposal.
First, delay is often not a viable option for a debtor sliding into bankruptcy.
âPotential Chapter 13 debtors typically find a lawyerâs office when they are one step from financial Armageddon: There is a foreclosure sale of the debtorâs home the next day; the debtorâs only car was mysteriously repossessed in the dark of last night; a garnishment has reduced the debtorâs take-home pay below the ordinary requirements of food and rent. Instantaneous relief is expected, if not necessary.â K. Lundin & W. Brown, Chapter 13 Bankruptcy §3.1[2] (rev. 4th ed. 2009), http://www.chl3online.com/Subscriber/Chapter_13_*522 Bankruptey_4th_Lundin_Brown.htm (as visited June 3, 2010, and available in Clerk of Courtâs ease file).
See also id., §38.1 (âDebtorâs counsel often has little discretion when to file the Chapter 13 caseâ).
Second, even when a debtor is able to delay filing a petition, such delay could be risky if it gives the appearance of bad faith. See 11 U. S. C. § 1325(a)(7) (requiring, as a condition of confirmation, that âthe action of the debtor in filing the petition was in good faithâ); see also, e. g., In re Myers, 491 F. 3d 120, 125 (CA3 2007) (citing â âthe timing of the petitionââ as a factor to be considered in assessing a debt- orâs compliance with the good-faith requirement). Accord, Neufeld v. Freeman, 794 F. 2d 149, 153 (CA4 1986) (a debt- orâs prepetition conduct may inform the courtâs good-faith inquiry).
2
Petitioner next argues that a debtor with unusually high income during the six months prior to the filing of a petition could seek leave to delay filing a schedule of current income (Schedule I) and then ask the bankruptcy court to exercise its authority under § 101(10A)(A)(ii) to select a 6-month period that is more representative of the debtorâs future disposable income. We see little merit in this convoluted strategy. If the Code required the use of the mechanical approach in all cases, this strategy would improperly undermine what the Code demands. And if, as we believe, the Code does not insist upon rigid adherence to the mechanical approach in all cases, this strategy is not needed. In any event, even if this strategy were allowed, it would not help all debtors whose disposable income during the plan period is sharply lower than their previous disposable income.
Petitioner suggests that a debtor can dismiss the petition and refile at a later, more favorable date. But petitioner offers only the tepid assurance that courts âgenerallyâ do not find this practice to be abusive. Brief for Petitioner 53. This questionable stratagem plainly circumvents the statutory limits on a courtâs ability to shift the lookback period, see supra, at 522, and n. 6, and should give debtors pause.
4
Petitioner argues that respondent might have been able to obtain relief by filing under Chapter 7 or by converting her Chapter 13 petition to one under Chapter 7. The availability of Chapter 7 to debtors like respondent who have above-median incomes is limited. In respondentâs case, a presumption of abuse would attach under § 707(b)(2)(A)(i) because her disposable income, âmultiplied by 60,â exceeds the amounts specified in subclauses (I) and (II). See also § 707(b)(1) (allowing a court to dismiss a petition filed by a debtor âwhose debts are primarily consumer debts ... if it finds that the granting of relief would be an abuse of the provisions of this chapterâ); App. 86-88 (âNotice to Individual Consumer Debtor under § 342(b) of the Bankruptcy Codeâ; âIf your income is greater than the median income for your state of residence and family size, in some cases, creditors have the
In sum, each of the strategies that petitioner identifies for mitigating the anomalous effects of the mechanical approach is flawed. There is no reason to think that Congress meant for any of these strategies to operate as a safety valve for the mechanical approach.
IV
We find petitionerâs remaining arguments unpersuasive. Consistent with the text of § 1325 and pre-BAPCPA practice, we hold that when a bankruptcy court calculates a debtorâs projected disposable income, the court may account for changes in the debtorâs income or expenses that are known or virtually certain at the time of confirmation. We therefore affirm the decision of the Court of Appeals.
It is so ordered.
However, if a debtor does not file the required schedule (Schedule I), the bankruptcy court may select a different 6-month period. See § 101(10A)(A)(ii).
The formula for above-median-income debtors is known as the âmeans testâ and is reflected in a schedule (Form 22C) that a Chapter 13 debtor must file. See Fed. Rule Bkrtcy. Proc. Official Form 22C (2010); In re Liverman, 383 B. R. 604, 606, n. 1, 608-609 (Bkrtcy. Ct. NJ 2008).
See also, e. g., 8 U. S. C. §§ 1364(a), (c)(2) (requiring the triennial immigration-impact report to include information âprojected for the succeeding five-year period, based on reasonable estimates substantiated by the best available evidenceâ); 10 U. S. C. §2433a(a)(2)(B) (2006 ed., Supp. Ill) (âprojected cost of completing the [defense acquisition] program based on reasonable modification of [current] requirementsâ); 15 U. S. C. §719e(c)(2) (2006 ed.) (âprojected natural gas supply and demandâ); 25 U. S. C. §§ 2009(c)(1), (2) (requiring the Director of the Office of Indian Education Programs to submit an annual report containing certain projections and âa description of the methods and formulas used to calculate the amounts projectedâ).
When pre-BAPCPA courts declined to make adjustments based on possible changes in a debtorâs future income or expenses, they did so because the changes were not sufficiently foreseeable, not because they concluded that they lacked discretion to depart from a strictly mechanical approach. In In re Solomon, 67 F. 3d 1128 (1995), for example, the Fourth Circuit refused to make such an adjustment because it deemed disbursements
For the same reason, the phrase â[f]or purposes of this subsectionâ in § 1325(b)(2) is not rendered superfluous by the forward-looking approach.
Under 11 U. S. C. § 521(i)(3), a debtor seeking additional time to file a schedule of income must submit the request within 45 days after filing the petition, and the court may not grant an extension of more than 45 days.
For example, a debtor otherwise eligible for Chapter 13 protection may become ineligible if âat any time in the preceding 180 daysâ âthe ease was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case,â or âthe debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title.â § 109(g).
Petitioner also suggests that some Chapter 13 debtors may be able to plead âspecial circumstancesâ on the expense side of the calculation by virtue of BAPCPAâs incorporation of the Chapter 7 means test into Chapter 13. See §§ 707(b)(2)(B)(i), (ii). This is no help to debtors like respondent, whose income has changed but whose expenses are constant.