Spears et al v. Reding

Filing 17

ORDER that the last paragraph of the 15 Opinion is amended to delete the phrase § 707(b)(2) e and read as follows: The decision of the bankruptcy court sustaining the objection of the trustee to confirmation of the Spearses Chapter 13 bankrupt cy plan must therefore be vacated and this case remanded so that the bankruptcy court can properly apply § 1325(b) and, in the process, makefindings and offer reasons for its action. An appropriate judgment will be entered. Signed by Honorable Myron H. Thompson on 9/24/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION IN RE: SAMUEL A. SPEARS and OLGA P. SPEARS Debtors. SAMUEL A. SPEARS and OLGA P. SPEARS, Appellants, v. CURTIS C. REDING, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER CIVIL ACTION NO. 3:09cv31-MHT (WO) It is ORDERED that the last paragraph of the opinion (doc. no. 15) is amended to delete the phrase " 707(b)(2) e" and read as follows: The decision of the bankruptcy court sustaining the objection of the trustee to confirmation of the Spearses' Chapter 13 bankruptcy plan must therefore be vacated and this case remanded so that the bankruptcy court can properly apply 1325(b) and, in the process, make findings and offer reasons for its action. An appropriate judgment will be entered. DONE, this the 24th day of September, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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