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In Re: Clarence Lee Burnett v. Clarence Lee Burnett

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Submitted: November 15, 2010

Before SMITH, BEAM, and BENTON, Circuit Judges.

Clarence Burnett (“Mr. Burnett”) reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett (“Ms. Burnett”), and her subrogee, West Virginia’s Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett’s confirmed Chapter 13 repayment plan by seeking income-withholding orders against him for child- and spousal-support arrears. The bankruptcy court refused to hold Ms. Burnett or BCSE in contempt but did reduce the income withholding. On appeal, the Bankruptcy Appellate Panel (BAP) reversed the bankruptcy court’s order and reinstated the income withholdings. We affirm in part and reverse in part the BAP’s order, and remand to the bankruptcy court for further proceedings consistent with this opinion.

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