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HAMILTON v. LANNING

No. 08-998.

130 S.Ct. 2464 (2010)

560 U.S. 505

Jan HAMILTON, Chapter 13 Trustee, Petitioner, v. Stephanie Kay LANNING.

Supreme Court of United States.

Decided June 7, 2010.

Attorney(s) appearing for the Case

Jan Hamilton, Topeka, KS, for petitioner.

Thomas C. Goldstein, Washington, DC, for respondent.

Sarah Harrington for United States as amicus curiae, by special leave of the Court, supporting the respondent.

Jan Hamilton, Trustee, Counsel of Record, Teresa L. Rhodd, Staff Attorney, Chapter 13 Trustee's Office, Topeka, KS, for petitioner.

Amy Howe, Kevin K. Russell, Howe & Russell, P.C., Bethesda, MD, G. Eric Brunstad, Jr., Collin O'Connor Udell, Matthew J. Delude, Dechert LLP, Hartford, CT, Thomas C. Goldstein, Counsel of Record, Patricia A. Millett, Peter J. Gurfein, Robert K. Ozols, Brian M. Rothschild, Daniel J. Harris, Russell L. Wininger, Akin, Gump, Strauss, Hauer & Feld LLP, Washington, DC, for respondent.

Justice ALITO delivered the opinion of the Court.

Chapter 13 of the Bankruptcy Code provides bankruptcy protection to "individual[s] with regular income" 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...

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