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IN RE HULL

BAP No. EW-99-1265-BPK. Bankruptcy No. 94-03281-K13.

251 B.R. 726 (2000)

In re Kent D. HULL, Debtor. Lenard Moen; Moen Industries, Inc., Appellants, v. Kent D. Hull; Daniel H. Brunner, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 20, 2000.

Attorney(s) appearing for the Case

Michael L. Loft, Loft, White & Mount, Spokane, WA, for Leonard Moen and Moen Industries, Inc.

John F. Bury, Murphy, Bantz and Bury, Spokane, WA, for Kent D. Hull.

Before BRANDT, PERRIS, and KLEIN, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

This appeal presents the puzzle of how the income of a non-debtor spouse in a community property state is to be considered on confirmation of the debtor's chapter 131 plan. We conclude that, on the record before us, and under Washington community property law, the debtor's interest in that income was improperly excluded. We reverse and remand.

I. FACTS

Appellant Lenard E. Moen...

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