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IN RE HUGHES

Bankruptcy Nos. 1-79-01481, 1-79-01863, 1-80-00090, 1-80-01243, 1-80-00651, 1-80-00671, 1-80-00822, 1-80-00850, 1-80-00853, 1-80-01237 and 1-80-01247.

7 B.R. 791 (1980)

In re Charles Frank HUGHES, Jr., In re Deonnia Jane BAXTER, In re Maggie Jean WRIGHT, In re Roy MASON, In re Mary Jane HARTLEY, In re Peggy Jane PENDERGRASS, In re Mary Catherine K. BRADFORD, In re John E. DAWSON, In re James R. JIRLES, In re William H. CHADWICK, Sr., In re John Alvin KITTLE, Jr., Debtors.

United States Bankruptcy Court, E.D. Tennessee.

December 18, 1980.

Attorney(s) appearing for the Case

Lawrence R. Ahern, III, Chattanooga, Tenn., for the trustee.

John C. Littleton, Chattanooga, Tenn., Asst. U.S. Atty., for the Social Security Administration.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The debtor in each of these cases filed a petition under Chapter 13 of the Bankruptcy Code. 11 U.S.C. (1979). The debtors proposed to make payments into their Chapter 13 plans from benefits payable to them under Subchapter II of the Social Security Act, 42 U.S.C. §§ 401-431. The questions in these cases are (1) whether such benefits can be used in a Chapter 13 plan and (2) whether the court can order...

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