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In re: GORDON THOMAS, JR. and DORIS ANN THOMAS, Debtors. ______________________________________ HENRY E. HILDEBRAND, III, TRUSTEE, Appellant, v. GORDON THOMAS, JR. and DORIS ANN THOMAS, Appellees. ______________________________________ In re: ANTHONY SHANE JONES and SHANA LEE JONES, Debtors. ______________________________________ HENRY E. HILDEBRAND, III, TRUSTEE, Appellant, v. ANTHONY SHANE JONES and SHANA LEE JONES, Appellees. |
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Appeal from the United States Bankruptcy Court
for the Middle District of Tennessee.
Bankruptcy Case Nos. 07-07019; 07-06686.
Argued: August 12, 2008
Decided and Filed: October 31, 2008
Before: GREGG, McIVOR, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.
MARCI B. McIVOR, Bankruptcy Appellate Panel Judge. In these consolidated appeals, Henry E. Hildebrand, the chapter 13 Trustee (the “Trustee”), appeals the orders confirming the Debtors’ chapter 13 plans on the grounds that the Debtors did not commit all of their projected disposable income to unsecured creditors under their plans. For the reasons stated below, the Panel affirms in part and reverses in part the judgment of the bankruptcy court. The Panel remands the cases for findings of fact on the issue of projected disposable income consistent with this ruling and the recent ruling in Hildebrand v. Petro (In re Petro), 2008 WL 4601471 (B.A.P. 6th Cir. Oct. 17, 2008).