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IN RE EWERS

No. BK-S-06-10179-LBR.

366 B.R. 139 (2007)

In re Donald L. and Susan L. EWERS, Debtor(s).

United States Bankruptcy Court, D. Nevada.

February 26, 2007.

Attorney(s) appearing for the Case

Frank J. Sorrentino, Las Vegas, NV, for Debtor(s).

Order on Trustee's Motion to Deny Confirmation

LINDA B. RIEGLE, Bankruptcy Judge.

At issue is the post-BAPCPA interplay between § 1325(b)(4) and § 1329(a)(2) of the Bankruptcy Code, and the question of whether debtors who have a 5-year applicable commitment period can modify their plan to 3 years without paying unsecured creditors in full. This court holds they can, so long as the requirements of 11 U.S.C. § 1329(b) are satisfied, which includes...

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