JOHNSON v. ZIMMER

No. 11-2034.

686 F.3d 224 (2012)

Tanya Rene JOHNSON, f/k/a Tanya Rene Zimmer, Debtor-Appellant, v. William H. ZIMMER, Creditor-Appellee, Robert R. Browning, Trustee-Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2012.


Attorney(s) appearing for the Case

ARGUED: Cortney I. Walker , Sasser Law Firm, Cary, North Carolina, for Appellant. Douglas Wickham , Hatch, Little & Bunn, Raleigh, North Carolina, for Appellee. Christopher Scott Kirk , Office of the Bankruptcy Administrator, Wilson, North Carolina, for Intervenor. ON BRIEF: Travis Sasser , Sasser Law Firm, Cary, North Carolina, for Appellant. Trawick H. Stubbs, Jr. , Chapter 13 Trustee, Office of the Chapter 13 Trustee, New Bern, North Carolina, for Intervenor.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge KING concurred. Judge WILKINSON wrote a dissenting opinion.


OPINION

AGEE, Circuit Judge:

In this direct appeal from the United States Bankruptcy Court for the Eastern District of North Carolina, we address a question of first impression in the circuit courts of appeal: 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), how is the "household...

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