IN RE PETRO

BAP No. 08-8009.

395 B.R. 369 (2008)

In re Shawn E. PETRO and Clara A. Petro, Debtors. Henry Edward Hildebrand, Standing Chapter 13 Trustee, Appellant, v. Shawn E. Petro and Clara A. Petro, Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: October 17, 2008.


Attorney(s) appearing for the Case

ARGUED: Henry E. Hildebrand, III, Office of Chapter 13 Trustee, Nashville, TN, for Appellant. Richard Haywood Thomson, Clark & Washington, Atlanta, GA, for Appellees. Michael E. Ridgway, Executive Office for United States Trustees, Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Henry E. Hildebrand, III, Tracy L. Schweitzer, Office of Chapter 13 Trustee, Nashville, TN, for Appellant. Mary Beth Ausbrooks, Clark & Washington, Nashville, TN, for Appellees. P. Matthew Sutko, Thomas C. Kearns, Executive Office for United States Trustees, Department of Justice, Washington, D.C., for Amicus Curiae.

Before FULTON, McIVOR, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.


OPINION

SHEA-STONUM, Bankruptcy Judge.

The Chapter 13 Trustee appeals an order of the bankruptcy court confirming the Debtors' Chapter 13 plan over the Trustee's objection that the Debtors were not contributing all of their projected disposable income to the payment of their unsecured creditors. For the reasons that follow, we REVERSE the decision of the bankruptcy court and REMAND for further proceedings consistent...

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