In Re Cleary

ORDER ON TRUSTEE’S OBJECTION TO CONFIRMATION

DAVID R. DUNCAN, Bankruptcy Judge.

THIS MATTER is before the Court for hearing on confirmation of the debtor’s plan dated July 31, 2006. The chapter 13 trustee objects to confirmation on the basis that expenditures for private school tuition are not reasonable and necessary expenses and thus that the plan does not provide “that all of the debtor’s projected disposable income to be received in the applicable commitment period ... will be applied to make payments to unsecured creditors under the plan.” 11 U.S.C § 1325(b)(1)(B). 1

Findings of Fact 2

1.…