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IN RE PARKS

BAP No. MT-11-1366-JuMkH. Bankruptcy No. 11-60050

475 B.R. 703 (2012)

In re Barron D. PARKS and Linda R. Parks, Debtors. Barron D. Parks; Linda R. Parks, Appellants, v. Robert G. Drummond, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 6, 2012.

Attorney(s) appearing for the Case

Craig D. Martinson, Esq. , of Patten, Peterman, Bekkedahl & Green, PLLC, argued for Appellants; Appellee Robert G. Drummond, Esq., chapter 13 trustee, argued pro se; William A. McNeal, Esq. , of Becket & Lee LP on brief for eCast Settlement Corp. as amicus curiae supporting appellee.

Before: JURY, MARKELL, and HOLLOWELL, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Relying on § 541(b)(7)(A)1, above-median chapter 13 debtors, Barron and Linda Parks, calculated their disposable income by deducting voluntary postpetition 401(k) contributions in the amount of $318 per month from their monthly income. They then sought confirmation of their first amended plan.

The chapter 13 trustee, Robert G. Drummond, objected to confirmation of debtors' proposed...

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