PLILER v. STEARNS

No. 13-1445.

747 F.3d 260 (2014)

Joe Henry PLILER; Katherine Marie Pliler, Debtors-Appellants, v. Richard M. STEARNS, Trustee, Trustee-Appellee. National Association of Consumer Bankruptcy Attorneys, Amicus Supporting Appellants, Ecast Settlement Corporation, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 28, 2014.


Attorney(s) appearing for the Case

ARGUED: Robert Lee Roland, IV , Law Offices of John T. Orcutt, P.C. Raleigh, North Carolina, for Appellants. Christopher Scott Kirk , Office of the Bankruptcy Administrator, Wilson, North Carolina; Isaac Andrew Johnston , Office of the Chapter 13 Trustee, Greenville, North Carolina, for Appellee. ON BRIEF: Norma L. Hammes , National Association of Consumer Bankruptcy Attorneys, San Jose, California; Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, California, for Amicus National Association of Consumer Bankruptcy Attorneys. William Andrew McNeal , Gilbert B. Weisman , Becket & Lee LLP, Malvern, Pennsylvania, for Amicus eCAST Settlement Corporation.

Affirmed and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge THACKER joined.


WYNN, Circuit Judge:

In this bankruptcy appeal, we must decide whether above-median-income debtors with negative disposable income are obligated to maintain Chapter 13 bankruptcy plans that last for five years when their unsecured creditors have not been paid in full. Our examination of the pertinent bankruptcy code provisions, case law, and legislative intent leads us to conclude that the answer is yes and, accordingly, to affirm the bankruptcy court's order.

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