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In re Herbert Warren Allen, III and Donna Mae Allen

Bankr. No.: 
87-10052
Chapter: 
12
Date of Decision: 
January 13, 1995
Issue: 
Whether land inherited by the debtors post-confirmation is disposable income under § 1225(b)(2)?
Ruling: 
Land inherited post-confirmation but before completion of plan payments should be recognized in a modified plan under the best interest of creditors test at § 1225(a)(4). In this case, the land was not disposable income because it was necessary for the continuation of the debtors' farm operation.
Full Bankruptcy Court Decision: