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IN RE TENNYSON

No. 09-14628.

611 F.3d 873 (2010)

In re: Terry Alan TENNYSON, Debtor. Nancy J. Whaley, Trustee, Plaintiff-Appellant, v. Terry Alan Tennyson, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 16, 2010.

Attorney(s) appearing for the Case

Eric W. Roach, Atlanta, GA, for Plaintiff-Appellant.

Alex J. Dolhancyk, Dolhancyk Law Firm, Jonesboro, GA, for Defendant-Appellee.

Albert C. Guthrie, Atlanta, GA, Tara A. Twomey, Carmel by the Sea, CA, K. Edward Safir, Atlanta, GA, for Maicus Curiae.

Before TJOFLAT, WILSON and EBEL, Circuit Judges.

WILSON, Circuit Judge:

This appeal presents us with a question arising from amendments to Chapter 13 of the United States Bankruptcy Code by the Bankruptcy Abuse Prevention Consumer Protection Act of 2005 ("BAPCPA"). Pub.L. No. 109-8, 119 Stat. 23. Specifically, we are asked to determine whether an above median income debtor, with negative disposable income, may obtain confirmation of a Chapter 13 bankruptcy plan to last for less than five years when the debtor's...

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