In re Afko

Chapter 13

MEMORANDUM DECISION GRANTING OBJECTION TO CONFIRMATION

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Introduction

The chapter 13 trustee objects to confirmation, arguing that the Debtors’ plan must step-up plan payments to account for the repayment of a 401(k) loan during the life of the plan. Debtors argue that their chapter 13 plan can contain a “cushion” for unexpected expenses. The Court sustains the trustee’s objection and denies confirmation.

Jurisdiction

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1334(a), 28 U.S.C. § 157(a) and the Amended…