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IN RE NOWLIN

No. 08-20066.

576 F.3d 258 (2009)

In the Matter of: Pamela Page NOWLIN, Debtor. Pamela Page Nowlin, Appellant, v. David G. Peake, Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 2009.

Attorney(s) appearing for the Case

Reese Walker Baker (argued), Baker & Associates, Houston, TX, for Nowlin.

David Ronald Jones (argued), Joshua W. Wolfshohl, Porter Hedges, Houston, TX, for Peake.

Edward Himmelfarb (argued), William Kanter, U.S. Dept. of Justice, Civ. Div., P. Matthew Sutko, Robert Joseph Schneider, Jr., U.S. Dept. of Justice, Executive Office of U.S. Trustee, Washington, DC, for U.S. Trustee, Amicus Curiae.

Before KING, DENNIS and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

This bankruptcy case requires us to interpret the phrase "projected disposable income" in 11 U.S.C. § 1325(b)(1) for above-median debtors seeking plan confirmation under Chapter 13. We interpret the phrase to allow consideration of reasonably certain future events by bankruptcy courts. Under this approach, an above-median Chapter 13 debtor's "projected disposable income" presumptively consists of his statutorily defined "disposable...

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