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IN RE BURGIE

BAP No. NV-98-1290-BuRyK. Bankruptcy No. 97-25221-LBR.

239 B.R. 406 (1999)

In re William BURGIE and Roberta Burgie, Debtors. Kathleen A. McDonald, Chapter 13 Trustee, Appellant, v. William Burgie and Roberta Burgie, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Charles L. Kennon, III, Las Vegas, NV, for Kathleen A. McDonald, trustee.

Christopher P. Burke, Las Vegas, NV, for William and Roberta Burgie.

Before: BUFFORD, RYAN, and KLEIN, Bankruptcy Judges.

OPINION

BUFFORD, Bankruptcy Judge.

I. ISSUE

In this case we must decide whether the unreinvested proceeds from the sale of the debtors' homestead after the confirmation of the chapter 132 plan constitute "disposable income" that must be used to pay creditors pursuant to a motion by the trustee to amend the plan.

The bankruptcy court authorized the debtors to retain the net proceeds from the sale of their homestead...

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