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MATTER OF YOUNG

Bankruptcy No. BK92-40999.

153 B.R. 886 (1993)

In the Matter of Doyle Dean YOUNG and Dianne Joy Young, a/k/a Dianne Joy Pribnow, d/b/a Young Saddle & Tack Repair, Debtors.

United States Bankruptcy Court, D. Nebraska.

April 14, 1993.

Attorney(s) appearing for the Case

Mark A. Johnson, Norfolk, NE, for debtors.

Marilyn Abbott, Omaha, NE, for Chapter 13 Standing Trustee.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

Before the court is the limited issue whether capital gains taxes should be deducted in completing a hypothetical Chapter 7 liquidation analysis for purposes of confirming a Chapter 13 plan. I conclude that capital gains taxes should be deducted and that the debtors' plan should be confirmed.

The trustee objects to confirmation on the ground that the best interest of creditor's test of § 1325...

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