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UNITED STATES BANKRUPTCY COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Debtor(s)




IN RE: ROBERT A. SYPNIEWSKI




CHARLES J. DEHART, III

STANDING CHAPTER 13 TRUSTEE







ROBERT A. SYPNIEWSKI





Respondent(s)


vs.


: CHAPTER 13
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: CASE NO. 5-12-bk-04640














TRUSTEE’S OBJECTION TO CHAPTER 13 PLAN

AND NOW, this 15th day of October, 2012, comes Charles J. DeHart, III,

Standing Chapter 13 Trustee, and objects to the confirmation of the above-referenced debtor(s)’
plan for the following reason(s):


1. Debtor(s)' plan violates 11 U.S.C. Sec. 1322(a)(1) in that the debtor(s) has not

submitted all or such portion of the disposable income to the Trustee as required. More
specifically,


which is committed to the plan based upon disposable income on Schedules I and J and
specifically disputes the following amounts:

Trustee alleges and avers that debtor(s)’ disposable income is greater than that


a. Average federal income tax refund not considered.

2. The Trustee avers that debtor(s) plan is not feasible based upon the following:

a. The debtor(s) has previously filed a Chapter 13 Plan for payment
of mortgage arrears and defaulted under said plan.

WHEREFORE, Trustee alleges and avers that debtor(s)’ plan is nonconfirmable

and therefore Trustee prays that this Honorable Court will:


a. Deny confirmation of debtor(s)’ plan.
b. Dismiss or convert debtor(s)’ case.
c. Provide such other relief as is equitable and just.

Respectfully submitted:



/s/Charles J. DeHart, III
Standing Chapter 13 Trustee
8125 Adams Drive, Suite A
Hummelstown, PA 17036
(717) 566-6097
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Case 5:12-bk-04640-JJT Doc 31 Filed 10/24/12 Entered 10/24/12 14:10:25 Desc

CERTIFICATE OF SERVICE

AND NOW, this 24th day of October, 2012, I hereby certify that I have served
the within Objection by electronically notifying parties or by depositing a true and correct copy of
the same in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class mail,
addressed to the following:

David Harris, Esquire
15 Public Square, Suite 310
Wilkes Barre, PA 18701







/s/Deborah A. Behney
Office of Charles J. DeHart, III
Standing Chapter 13 Trustee

Case 5:12-bk-04640-JJT Doc 31 Filed 10/24/12 Entered 10/24/12 14:10:25 Desc

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