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IN RE DETHAMPLE

No. 07-11829.

390 B.R. 716 (2008)

In re Nicholas Jerome DeTHAMPLE, Angela Renee DeThample, Debtors.

United States Bankruptcy Court, D. Kansas.

July 24, 2008.

Attorney(s) appearing for the Case

William H. Zimmerman, Jr., Case, Moses, Zimmerman & Wilson PA, Wichita, KS, for Debtors.

Christopher T. Micale, Wichita, KS, for trustee.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

This Court considers an issue requiring interpretation of certain provisions of the Bankruptcy Code enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA): Is a 401 (k) disbursement received by an above-median income debtor during the 6-month period before filing included in the calculation of "current monthly income" under 11 U.S.C. § 101(10A) and the amount of...

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