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IN RE CRANMER

No. 12-4002.

697 F.3d 1314 (2012)

In re Fred Fausett CRANMER, Debtor. Kevin R. Anderson, Chapter 13 Trustee, Trustee-Appellant, v. Fred Fausett Cranmer, Appellee, National Association of Consumer Bankruptcy Attorneys, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 24, 2012.

Attorney(s) appearing for the Case

Kevin R. Anderson, Esq., Standing Chapter 13 Trustee, Salt Lake City, UT, for Appellant.

Paul Toscano, Esq., Law Office of Paul Toscano, P.C., Salt Lake City, UT, for Appellee.

Tara Twomey, Esq., National Consumer Bankruptcy Rights Center, San Jose, CA, on the brief for Amicus Curiae.

Before MURPHY, HOLLOWAY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Fred Fausett Cranmer filed a Chapter 13 repayment plan, which excluded Social Security income ("SSI") from the projected disposable income calculation. The bankruptcy trustee objected on that basis. The bankruptcy court denied confirmation of the plan, concluding, inter alia, SSI must be included in the projected disposable income calculation and Cranmer's failure to do so meant he did not propose his plan in...

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