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IN RE AFKO

Case No. 12-38189 (cgm).

501 B.R. 202 (2013)

IN RE Koffi and Essi AFKO, Debtor(s).

United States Bankruptcy Court, S.D. New York.

Filed November 15, 2013.

Attorney(s) appearing for the Case

Jeffrey L. Sapir , Chapter 13 and 12 Trustee, 399 Knollwood Road, Suite 102, White Plains, NY 10603, Chapter 13 trustee.

Andrea B. Malin , Genova & Malin, Attorneys, The Hampton Center, 1136 Route 9, Wappingers Falls, NY 12590-4332, Attorney for Debtors.

Chapter 13

MEMORANDUM DECISION GRANTING OBJECTION TO CONFIRMATION

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Introduction

The chapter 13 trustee objects to confirmation, arguing that the Debtors' plan must step-up plan payments to account for the repayment of a 401(k) loan during the life of the plan. Debtors argue that their chapter 13 plan can contain a "cushion" for unexpected expenses. The Court sustains the trustee...

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