IN RE SANDBERG

No. 09-13367.

433 B.R. 837 (2010)

In re Erik J. SANDBERG and Sherry M. Sandberg, Debtors.

United States Bankruptcy Court, D. Kansas.

July 19, 2010.


Attorney(s) appearing for the Case

David J. Lund, Dewey & Lund LLP, Wichita, KS, for Debtors.


MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

This case requires the Court to bridge the gap between the old, the good faith requirement of 11 U.S.C. § 1325(a)(3) and the new, BAPCPA's disposable income mandate found in § 1325(b)(1)(B). When is a debtor who has complied with the disposable income requirement barred from confirmation for lack of good faith?

These above-median income debtors filed a chapter 13 plan in which they...

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