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IN RE LANNING

No. 08-3009.

545 F.3d 1269 (2008)

In re Stephanie Kay LANNING, Debtor. Jan Hamilton, Chapter 13 Trustee, Appellant, v. Stephanie Kay Lanning, Appellee, United States of America; United States Trustee, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 13, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Teresa L. Rhodd, Jan Hamilton, Chapter 13 Trustee's Office, Topeka, Kansas, for Appellant.

Jeffrey S. Bucholtz, Acting Assistant Attorney General, William Kanter, Edward Himmelfarb, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., Roberta A. Deangelis, Acting General Counsel, P. Matthew Sutko, Associate General Counsel, Executive Office for United States Trustees, Department of Justice, Washington, D.C., Counsel for Amici Curiae.

Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

BRORBY, Senior Circuit Judge.

This bankruptcy appeal presents a question of first impression in this circuit: What is the proper way to calculate the "projected disposable income" of an above-median Chapter 13 debtor under amendments to the bankruptcy code effected by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 (BAPCPA)? In this case, the United States Bankruptcy Court for the District of Kansas adopted the ...

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