In re Marchetti No. 09-13010 Chapter 13, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND

Result: The issues in this case appear to be within the scope of this Court’s decision in In re Burbank, 401 B.R. 67 (Bankr. D.R.I. 2009), the debtor is allowed to ignore the fact that his 401(k) loan becomes due during the plan in his monthly plan payment will not increase as a result .The Trustee’s request that the Court should revisit and reverse In re Burbank is rejected. Accordingly, the Trustee’s objection is OVERRULED, the Plan is confirmed as proposed by the Debtor, and the Chapter 13 Trustee is ORDERED to submit a Confirmation Order.