IN RE HARSHBARGER

No. 94-3090.

66 F.3d 775 (1995)

In re Robert H. HARSHBARGER and Mary J. Harshbarger, Debtors. Robert H. HARSHBARGER and Mary J. Harshbarger, Plaintiffs-Appellants, v. Frank M. PEES, Chapter 13 Trustee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1995.


Attorney(s) appearing for the Case

Todd G. Finneran (briefed), Wesley C. Emerson (argued and briefed), Columbus, OH, for plaintiffs-appellants.

Robert J. Sidman (argued and briefed), Randall D. LaTour (briefed), Vorys, Sater, Seymour & Pease, Columbus, OH, for defendant-appellee.

Before KEITH, KENNEDY, and SILER, Circuit Judges.


KENNEDY, Circuit Judge.

Appellants Robert and Mary Harshbarger ("debtors") appeal the District Court's decision to uphold the dismissal of their voluntary Chapter 13 bankruptcy petition for failure to submit a plan that satisfied the requirements of 11 U.S.C. § 1325. Their Chapter 13 plan deducted from disposable income monthly payments to repay monies borrowed from Mary Harshbarger's ERISA account. For the following reasons, we affirm.

I.

Mary...

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