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IN RE SOLOMON

Nos. 94-2198, 94-2263.

67 F.3d 1128 (1995)

In re Neil SOLOMON, M.D., Debtor. Neil SOLOMON, Plaintiff-Appellant, v. Ellen W. COSBY, Chapter 13 Trustee; Jane Coe; Mary Doe; Jane Roe; John Roe, Defendants-Appellees. In re Neil SOLOMON, M.D., Debtor. Neil SOLOMON, Plaintiff-Appellee, v. Ellen W. COSBY, Chapter 13 Trustee, Defendant-Appellant, v. Jane COE; Mary Doe; Jane Roe; John Roe, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1995.

Attorney(s) appearing for the Case

ARGUED: Alan M. Grochal, Tydings & Rosenberg, Baltimore, Maryland, for Appellant. Deborah Hunt Devan, Weinberg & Green, Baltimore, Maryland, for Appellee Cosby; Edward Charles Dolan, Hogan & Hartson, L.L.P., Washington, D.C., for Appellees Coe, Doe, and Roe. ON BRIEF: Paul Walter, Mary Fran Ebersole, Tydings & Rosenberg, Baltimore, Maryland, for Appellant. Shoshana Katz, Weinberg & Green, Baltimore, Maryland, for Appellee Cosby; James H. Lystad, Hogan & Hartson, L.L.P., Washington, D.C., for Appellees Coe, Doe, and Roe.

Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge WIDENER joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

This case presents the question whether a Chapter 13 debtor must include in his "disposable income" some portion of funds invested in various individual retirement accounts ("IRAs"). The bankruptcy court denied confirmation of the debtor's proposed Chapter...

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