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IN RE SEAFORT

Nos. 09-8062, 09-8063.

437 B.R. 204 (2010)

In re Deborah K. SEAFORT and Frederick C. Schuler and Carrie A. Schuler, Debtors. Beverly M. Burden, Chapter 13 Trustee, Appellant, v. Deborah K. Seafort and Frederick C. Schuler and Carrie A. Schuler, Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: September 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Daniel Hitchcock , Wyatt, Tarrant & Combs, LLP, Lexington, Kentucky, for Appellant. Michael B. Baker , The Baker Firm, PLLC, Florence, Kentucky, for Appellees. ON BRIEF: Daniel Hitchcock , Wyatt, Tarrant & Combs, LLP, Lexington, Kentucky, for Appellant. Michael B. Baker , The Baker Firm, PLLC, Florence, Kentucky, for Appellees.

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

OPINION

MARCI B. McIVOR, Bankruptcy Judge.

In these consolidated appeals, Beverly M. Burden, Chapter 13 Trustee ("Trustee"), appeals the bankruptcy court's ruling that Debtors may use income which becomes available once 401(k) loans are repaid to commence making contributions to debtors' 401(k) plans. For the reasons stated in this opinion, the Panel concludes that post-petition income which becomes available after a debtor repays a 401(k) loan must be committed...

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