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IN RE MILLER

No. 13 B 2178.

493 B.R. 55 (2013)

In re Robert C. MILLER and Gwendolyn S. Miller, Debtors.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

May 21, 2013.

Attorney(s) appearing for the Case

Ryan S. Fojo , Geraci Law, L.L.C., Chicago, IL, for Debtors Robert C. Miller and Gwendolyn S. Miller.

Jay W. Tribou , A. Stewart Chapman , Office of Chapter 13 Trustee Marilyn O. Marshall, Chicago, IL, for Chapter 13 Trustee Marilyn O. Marshall.

MEMORANDUM OPINION

A. BENJAMIN GOLDGAR, Bankruptcy Judge.

Before the court for ruling is the motion of chapter 13 trustee Marilyn O. Marshall to dismiss the case of debtors Robert C. Miller and Gwendolyn S. Miller. The trustee contends the Millers are ineligible to be chapter 13 debtors because their unsecured debt exceeds the limit in section 109(e) of the Bankruptcy Code, 11 U.S.C. § 109(e).

The trustee's motion raises the question...

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