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Opinion 327

Case Name: 

In re Packham, 126 B.R. 603 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Apr-26-1991
Case Number(s): 
90C-4129
Status: 

PUBLISHED

Body: 

Upon objections by trustee and an unsecured creditor, the court refused to confirm debtors' proposed Chapter 13 plan, and dismissed their case, on the ground that debtors had not devoted all of their disposable income to plan payments, as is required by 11 U.S.C. § 1325(b)(1)(B). After debtors testified regarding their expenses, the court concluded that all of the listed expenses were reasonably necessary for the support of debtors or their dependents, with the exception of a monthly tithing payment to the Church of Jesus Christ of Latter-day Saints. The court adopted the view that, although church donations may be a source of strength and comfort to some debtors, they do not satisfy the reasonably necessary for maintenance or support requirement of § 1325(b)(2)(A).

Internal Ref: 
Opinion 327
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