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IN RE LEWIS

Nos. 05-14070, 05-14078.

339 B.R. 814 (2006)

In re Betty J. LEWIS, Debtor. Barnee C. Baxter, Chapter 13 Trustee, Movant, v. Betty J. Lewis, Respondent. In re Hank William Tobias, Debtor. Barnee C. Baxter, Chapter 13 Trustee, Movant, v. Hank William Tobias, Respondent.

United States Bankruptcy Court, S.D. Georgia, Augusta Division.

March 27, 2006.

Attorney(s) appearing for the Case

Angela Williams Seymour, James B. Duncan, III and Associates, Augusta, GA, Jeffrey C. Shurtleff, Augusta, GA, for Debtors.

ORDER

JOHN S. DALIS, Bankruptcy Judge.

By motion, the Chapter 13 Trustee seeks dismissal of each of these chapter 13 cases based solely on 11 U.S.C. § 1328(f) contending that since these debtors are ineligible to receive a discharge upon completion of any confirmed plan, they are ineligible for chapter 13 relief. The Trustee is incorrect.

The facts in each case are undisputed. Betty J. Lewis filed her chapter 13 case (no. 05-14070) on...

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