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IN RE SMITH

Nos. 1:09-bk-02875MDF, 1:09-bk-06710MDF, 1:09-bk-02434MDF.

438 B.R. 69 (2010)

In re Bradley A. SMITH and Tammy G. Smith, Debtors. Charles J. DeHart, III, Standing Chapter 13 Trustee, Movant v. Bradley A. Smith and Tammy G. Smith, Respondents. Harold R. Burger and Sri W. Burger, Debtors. Charles J. DeHart, III, Standing Chapter 13 Trustee, Movant v. Harold R. Burger and Sri W. Burger, Respondents. Gary Raymond Brunell and Heather Nichole Brunell, Debtors. Charles J. DeHart, III, Standing Chapter 13 Trustee, Movant v. Gary Raymond Brunell and Heather Nichole Brunell, Respondents.

United States Bankruptcy Court, M.D. Pennsylvania.

September 28, 2010.

Attorney(s) appearing for the Case

Jason J. Mazzei, Mazzei & Associates, Pittsburgh, PA, for Debtor Brad A. Smith.

Keith B. DeArmond, DeArmond and Associates, York, PA, for Debtor Harold R. Burger.

Dawn Marie Cutaia, Cutaia Law, LLC, York, PA, for Debtor Gary Raymond Brunell.

OPINION

MARY D. FRANCE, Chief Judge.

The above-subject cases may be decided together because they share a common dispositive legal issue—whether Chapter 13 debtors may calculate their disposable income for plan confirmation purposes by deducting payments on mortgages that their respective plans propose to strip off.1 The facts of each case are straightforward and have been stipulated to by the parties, as described...

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