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Chief Judge Bruce W. Black

Judge Carol A. Doyle

Judge A. Benjamin Goldgar

Judge Pamela S. Hollis

01 B 19852

Chapter 13 Trustee moved to dismiss case where debtor would have to continue to make payments beyond 5 years in order to complete her plan. Held: Although the court cannot confirm or modify a plan which would extend beyond 5 years, the fact that payments will be made for more than 5 years does not per se require dismissal under 1307(c). With that in mind, the court considered the particular factual circumstances and determined that cause for dismissal did not exist under 1307(c). Motion to dismiss denied.

Judge Jack B. Schmetterer