IN RE DARROHN

No. 09-5499.

615 F.3d 470 (2010)

In re David Andrew DARROHN; Marguerite Mottola Darrohn, Debtors. David Andrew Darrohn; Marguerite Mottola Darrohn, Plaintiffs-Appellees, v. Henry E. Hildebrand, III, Trustee, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2010.


Attorney(s) appearing for the Case

ARGUED: Henry E. Hildebrand, III, Office of the Chapter 13 Trustee, Nashville, Tennessee, for Appellant. Mary Elizabeth Ausbrooks, Rothschild & Ausbrooks, PLLC, Nashville, Tennessee, for Appellees. John P. Sheahan, United States Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Henry E. Hildebrand, III, Office of the Chapter 13 Trustee, Nashville, Tennessee, for Appellant. Mary Elizabeth Ausbrooks, Rothschild & Ausbrooks, PLLC, Nashville, Tennessee, Thomas F. Bloom, Law Office, Nashville, Tennessee, for Appellees. John P. Sheahan, United States Department of Justice, Washington, D.C., for Amicus Curiae.

Before SUHRHEINRICH, McKEAGUE, and GRIFFIN, Circuit Judges.


OPINION

McKEAGUE, Circuit Judge.

In this direct appeal from the bankruptcy court, we are called upon to interpret a provision of Chapter 13 of the Bankruptcy Code that requires debtors to commit their "projected disposable income" to the repayment of unsecured claims. The Bankruptcy Code defines projected disposable income by requiring calculation of a debtor's current monthly income less certain reasonably necessary expenses. Henry Hildebrand, III, trustee...

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