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IN RE DIAGOSTINO

No. 06-10384.

347 B.R. 116 (2006)

In re Frank DIAGOSTINO and Patricia Diagostino, Debtors.

United States Bankruptcy Court, N.D. New York.

August 28, 2006.

Attorney(s) appearing for the Case

Jerry C. Leek, Esq., New York City, for the Debtors.

Andrea E. Celli, Esq., New York City, Standing Chapter 13 Trustee.

MEMORANDUM-DECISION AND ORDER

ROBERT E. LITTLEFIELD, JR., Bankruptcy Judge.

Currently before the court is the Chapter 13 Trustee's ("Trustee") objection to confirmation of Frank and Patricia Diagostino's (the "Debtors") chapter 13 plan pursuant to 11 U.S.C. § 1325(b)(1)(B). It is the Trustee's position that the Debtors' deduction for charitable contributions in calculating their disposable income under the means test is not permissible as it is not...

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