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IN RE HOSS

Nos. 08-10365, 07-12779.

392 B.R. 463 (2008)

In re Carol J. HOSS and Terry L. Hoss, Debtors. In re Marcos Arroyo, Jennifer Renee Arroyo, Debtors.

United States Bankruptcy Court, D. Kansas.

August 20, 2008.

Attorney(s) appearing for the Case

Larry L. Livengood, Salina, KS, William H. Zimmerman, Jr., Case, Moses, Zimmerman & Wilson PA, Wichita, KS, for Debtors.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

These two chapter 13 cases focus the Court squarely on a frequently litigated BAPCPA1 issue, that being whether an above-median income debtor who seeks to cram-down or strip off a secured creditor in chapter 13 can deduct from current monthly income on Line 47 of Form B22C, the average future monthly payments to the secured creditor based upon the original, unmodified contract...

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