IN RE SMITH

BAP No. ID-95-2231-JaRJ, Bankruptcy No. 95-00584.

207 B.R. 888 (1996)

In re Bud Virgil SMITH and Marcella Rae Smith, Debtors. Bud Virgil SMITH and Marcella Rae Smith, Appellants, v. L.C. SPURGEON, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 18, 1996.


Attorney(s) appearing for the Case

Kenneth L. Anderson, Lewiston, ID, for Bud Virgil Smith and Marcella Smith.

Before: JAROSLOVSKY, RUSSELL and JONES, Bankruptcy Judges.


OPINION

JAROSLOVSKY, Bankruptcy Judge:

This is an appeal from an order denying confirmation of a Chapter 13 plan. The debtors had proposed a plan calling for payments of $1726.00 per month for 54 months, with most of this going to the holder of the mortgage on the debtors' home.

The only objection was raised by the Chapter 13 trustee. He argued that the "disposable income" provision of section 1325(b)(1)(B) was not met because the debtors were paying...

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