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IN RE TIMOTHY

Nos. UT-10-003, 08-28332.

442 B.R. 28 (2010)

In re Orin A. TIMOTHY and Karen D. Timothy, Debtors. Orin A. Timothy and Karen D. Timothy, Appellants, v. Kevin R. Anderson, Chapter 13 Trustee, and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 29, 2010.

Attorney(s) appearing for the Case

David T. Berry (Leasa M. Tripp with him on the brief) of Berry & Tripp, P.C., Salt Lake City, Utah, for Appellants.

Kevin R. Anderson, Trustee.

Before CORNISH, Chief Judge, KARLIN, and SOMERS, Bankruptcy Judges.

OPINION

CORNISH, Chief Judge.

In this above-median income Chapter 13 case, the debtors appeal the bankruptcy court's order confirming a plan that includes Social Security income as part of projected disposable income for plan payment purposes and requires payments for an applicable commitment period of five years. The debtors agreed to the terms of the plan under protest, but reserved their right to appeal. Having reviewed the record and applicable law,...

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