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IN RE CHAPTER 13 TRUSTEE'S MOTIONS

BAP No. AZ-24-1012-FSL Bk. No. 4:23-mp-00003-BMW.

664 B.R. 789 (2024)

IN RE: CHAPTER 13 TRUSTEE'S MOTIONS FOR DECLARATORY RELIEF CHALLENGING the CONSTITUTIONALITY OF 28 U.S.C. § 586(E) and 11 U.S.C. § 1326(b)(2). Dianne C. Kerns, Chapter 13 Standing Trustee, Appellant, v. David Ronald Foss; Francis R. Masteller; Elvira E. Masteller; Daniel Joseph Schneider; Arthur Allen Jolivette, III; Elise Kaleimakalii Jolivette; Keira L. Adams; Jill H. Ford, Chapter 7 Trustee; Merrick B. Garland, Attorney General of the United States; Tara Twomey, Esq., Director, U.S. Trustee Program; U.S. Trustee, Phoenix, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 12, 2024.

Attorney(s) appearing for the Case

Mahesha P. Subbaraman of Subbaraman PLLC argued for appellant;

Louisa Soulard argued for appellee Merrick B. Garland, Attorney General of the United States.

Before: FARIS, SPRAKER, and LAFFERTY, Bankruptcy Judges.

OPINION

INTRODUCTION

In order to fund their operations, chapter 131 trustees collect a percentage of every debtor's chapter 13 plan payments. In Evans v. McCallister (In re Evans), 69 F.4th 1101 (9th Cir. 2023), cert. denied sub nom. McCallister v. Evans, ___...

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