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IN RE ESQUIVEL

Bankruptcy No. 99-20327.

239 B.R. 146 (1999)

In re Baldo Fabela ESQUIVEL, Debtor.

United States Bankruptcy Court, E.D. Michigan, Northern Division.

September 23, 1999.

Attorney(s) appearing for the Case

J. Joseph Purtell, Bay City, MI, for Debtor.

George E. Jacobs, Bay City, MI, for Chapter 13 Trustee.

OPINION REGARDING CONFIRMATION OF DEBTOR'S CHAPTER 13 PLAN

ARTHUR J. SPECTOR, Chief Judge.

The Trustee objects to confirmation of Debtor's chapter 13 plan, which characterizes funds borrowed from Debtor's pension account as secured debt and excludes pension-account loan repayments from Debtor's disposable income,1 while paying 8% of unsecured creditors' claims, on the grounds that it contravenes 11 U.S.C. §...

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