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IN RE MAHARAJ

No. 11-1747.

In Re: GANESS MAHARAJ; VENA MAHARAJ, Debtors. GANESS MAHARAJ; VENA MAHARAJ, Plaintiffs-Appellants. STUBBS & PERDUE, P.A.; NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS, Amici Supporting Appellants, STEVEN HARRIS GOLDBLATT, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2012.

Attorney(s) appearing for the Case

ARGUED: Daniel Mark Press , CHUNG & PRESS, PC, McLean, Virginia, for National Association of Consumer Bankruptcy Attorneys, Amicus Supporting Appellants. Ann Elizabeth Schmitt , CULBERT & SCHMITT, PLLC, Leesburg, Virginia, for Appellants. Nilam Ajit Sanghvi , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Steven Harris Goldblatt, Court-Assigned Amicus Counsel.

ON BRIEF: Trawick H. Stubbs, Jr. , Amy Marvine Currin , Rodney A. Currin , Laurie B. Biggs , William H. Kroll , Heather Kelly Pierce , Ashley Baxter Curry , John W. King , STUBBS & PERDUE, P.A., New Bern, North Carolina, for Stubbs & Perdue P.A., Amicus Supporting Appellants. Brett Weiss , CHUNG & PRESS, LLC, Greenbelt, Maryland; Tara Twomey , NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS, San Jose, California, for National Association of Consumer Bankruptcy Attorneys, Amicus Supporting Appellants. Steven H. Goldblatt , Director, Doug Keller , Supervising Attorney, Derek Young , Emily Giarelli , Jina Moon , GEORGETOWN UNIVERSITY LAW CENTER, Appellate Litigation Program, Washington, D.C., for Steven Harris Goldblatt, Court-Assigned Amicus Counsel.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Duncan and Judge Diaz joined.

OPINION

AGEE, Circuit Judge.

In this direct appeal from the Bankruptcy Court, we address a question of first impression in the circuit courts of appeal: whether, in light of the 2005 amendments to the Bankruptcy Code, 11 U.S.C. § 101 et seq. ("the Code"), codified by the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"), Pub. L. No. 109-8, 119 Stat. 23 (2005), the absolute priority rule continues to apply to individual debtors...

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