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IN RE MILLER

BAP No. WY-14-002. Bankruptcy No. 13-20384.

519 B.R. 819 (2014)

In re Vede Jacob MILLER, also known as Jake Miller, Debtor. Vede Jacob Miller, Appellant, v. United States Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed October 8, 2014.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Brad T. Hunsicker of Winship & Winship, P.C., Casper, WY, for Appellant.

Ramona D. Elliott, Deputy Director/General Counsel (P. Matthew Sutko, Associate General Counsel, and Robert J. Schneider, Jr., Trial Attorney, with her on the brief) Washington, D.C., and Patrick S. Layng, United States Trustee for Region 19 (Daniel J. Morse, Assistant United States Trustee, with him on the brief), Cheyenne, WY, for Appellee.

Before NUGENT, KARLIN, and SOMERS, Bankruptcy Judges.

The issue we face is whether a debtor's wages need to be both earned and received during the applicable six-month "look-back" period in order to be included as part of his "current monthly income" under 11 U.S.C. § 101(10A). Debtor Vede Jacob Miller ("Miller") timely appealed the bankruptcy court's order dismissing...

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