This section contains the nature of the case and procedural background.

P and her then-fiancé, Joao Da Silva April 7, 2008, entered into a premarital agreement in which the couple agreed to keep their property and financial obligations entirely separate throughout their marriage. On November 2, 2009, P, but not her now-husband Mr. Da Silva, filed Chapter 13. On Schedule I P lists combined monthly income for herself and Da Silva of $7,453.46, which includes Da Silva's net income of $1,348. On Schedule J P lists her monthly expenses including a line item of $1,309.46 described as 'Spouse's prerogative, pursuant to a premarital agreement, not to share income.' This offset all but $38.57 of Da Silva's income included in Schedule I. D has $119 per month in disposable income. The plan provides no dividend to general unsecured creditors. Section 1325(b)(1)(B) provides that if a trustee objects to plan confirmation the court may not confirm the plan unless the plan provides for all of the debtor's projected disposable income received during the life of the plan to be applied to make payments to unsecured creditors under the plan. D argues that the disposable income for P's proposed plan is significantly understated. P backs virtually all of Da Silva's income out in Schedule J, effectively giving her husband a free ride on all marital living expenses.

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