Tenney v. Terry (In Re Terry)

MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW OVERRULING TRUSTEE’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

CHARLES W. BAKER, Bankruptcy Judge.

The debtors’ plan provides for no payments to any creditors. The filing fee and attorney’s fee have been paid. All creditors are unsecured. All of the debtors’ property is claimed exempt and is within the allowable limits. The standing Chapter 13 trustee has filed written objection to the plan on two grounds:

1) The debtors are not individuals with regular income within the meaning of 11 U.S.C. § 101(24) and, therefore, not eligible for…