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IN RE ANES

No. 99-7043.

195 F.3d 177 (1999)

In re: Luisa V. ANES; In re: Robert Tierney and Beverly Tierney, Debtors Luisa V. Anes; Robert Tierney and Beverly Tierney, Appellants v. Charles J. Dehart III, Trustee, Appellee

United States Court of Appeals, Third Circuit.

Decided October 27, 1999.

Attorney(s) appearing for the Case

John DiBernardino (argued) Lehighton, Pennsylvania, for appellants.

Agatha R. McHale, (argued) Hummelstown, Pennsylvania, for appellee.

Henry J. Sommer, Miller, Frank & Miller, Philadelphia, Pennsylvania, Attorney for Amicus Curiae Appellant, National Association of Consumer Bankruptcy Attorneys.

Before: SCIRICA and STAPLETON, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether an individual debtor's bankruptcy plan that proposes to repay a loan drawn from a retirement system without first paying unsecured creditors in full conforms with the Bankruptcy Code and, in particular, whether it violates 11 U.S.C. § 1325(b)(1). Debtors, Luisa Anes and Robert and Beverly Tierney, appeal the District Court's judgment to uphold the dismissal of their respective...

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