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BLEDSOE v. COOK

No. 22-1328.

70 F.4th 746 (2023)

Joseph A. BLEDSOE, III, Petitioner-Appellant, v. Robert Burns COOK, Jr.; Cheryl Lott Cook, Respondents-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2023.

Attorney(s) appearing for the Case

Joseph A. Bledsoe, III , CHAPTER 13 TRUSTEE, New Bern, North Carolina, for Appellant. Richard Preston Cook , RICHARD P. COOK, PLLC, Wilmington, North Carolina, for Appellees.

Affirmed by published opinion. Judge Heytens wrote the opinion, in which Judge Thacker and Judge Keenan joined.

Can Chapter 13 bankruptcy filers who earn more than the median income use their actual mortgage payments when calculating how much they can afford to pay unsecured creditors? Joining the Sixth and Ninth Circuits, we hold the answer is yes.

I.

In 2021, Robert and Cheryl Cook filed a voluntary petition...

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