IN RE THOMAS

Nos. 08-8014, 08-8015.

395 B.R. 914 (2008)

In re Gordon THOMAS, Jr. and Doris Ann Thomas, Debtors. Henry E. Hildebrand, III, Trustee, Appellant, v. Gordon Thomas, Jr. and Doris Ann Thomas, Appellees. In re Anthony Shane Jones and Shana Lee Jones, Debtors. Henry E. Hildebrand, III, Trustee, Appellant, v. Anthony Shane Jones and Shana Lee Jones, Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided: October 31, 2008.


Attorney(s) appearing for the Case

ARGUED AND ON BRIEF: Henry E. Hildebrand, III, Nachville, TN, for appellant.

ARGUED AND ON BRIEF: J. Robert Harlan, Columbia, TN, for appellees.

ARGUED AND ON BRIEF: Michael E. Ridgway, Executive Office for United States Trustee, Department of Justice, Washington, D.C., for Amicus Curiae.

Before: GREGG, McIVOR, and SHEASTONUM, Bankruptcy Appellate Panel Judges.


OPINION

MARCI B. McIVOR, Bankruptcy Judge.

In these consolidated appeals, Henry E. Hildebrand, the chapter 13 Trustee (the "Trustee"), appeals the orders confirming the Debtors' chapter 13 plans on the grounds that the Debtors did not commit all of their projected disposable income to unsecured creditors under their plans. For the reasons stated below, the Panel affirms in part and reverses in part the judgment of the bankruptcy court. The Panel remands...

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