IN RE ESCARCEGA

BAP Nos. NC-16-1333-JuFB, NC-16-1334-JuFB, NC-16-1335-JuFB, NC-16-1336-JuFB, NC-16-1358-JuFB Bk. Nos. 16-50368-SLJ, E16-50548-SLJ, 16-50401-MEH, 16-50659-SLJ, 16-50651-SLJ.

573 B.R. 219 (2017)

IN RE: Dennis Michael ESCARCEGA; Nanette Marie Sisk, dba About Face Skin Care; Eugene Edward Vick; Mark Irvin Candalla; Jeri Lyle Saldua Mercado, Debtors. Dennis Michael Escarcega; Nanette Marie Sisk, dba About Face Skin Care; Eugene Edward Vick; Mark Irvin Candalla; Jeri Lyle Saldua Mercado, Appellants.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed September 6, 2017.


Attorney(s) appearing for the Case

Appearances: James J. Gold of Gold and Hammes argued for appellants Dennis Michael Escarcega, Nanette Marie Sisk, dba About Face Skin Care, and Mark Irwin Candalla; James S.K. Shulman of the Law Offices of James S.K. Shulman argued for appellants Eugene Edward Vick and Jeri Lyle Saldua Mercado; Ben A. Ellison of Cairncross & Hempelmann, P.S. argued for National Association of Consumer Bankruptcy Attorneys, as Amicus Curiae, by special leave of the Panel, supporting the appellants' position.

Before: JURY, FARIS, and BRAND, Bankruptcy Judges.


OPINION

When Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a primary purpose was to help ensure that debtors who can pay creditors do pay them the maximum they can afford. Ransom v. FIA Card Servs., N.A.,

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