King v. Flournoy (705 F.2d 437, 1983)

PER CURIAM:

The Kings, debtors, appeal from the district court’s dismissal of their appeal of the bankruptcy court’s order in their case. The bankruptcy court, in a two-paragraph order, dismissed the debtors’ chapter 13 case. The debtors, in a chapter 13 plan, proposed to repay secured creditors to the extent of-100% of their claims and unsecured creditors to the extent of approximately 33% of theirs. In reviewing the plan, the bankruptcy court looked to only one- factor, the percentage of unsecured debts that the debtors intended to repay. The bankruptcy court, believing the minimum allowable percentage to be 70%, found the proposed 33% too low.

.We REVERSE and REMAND for consideration o'f the plan in light of all the factors discussed in our recent opinion in In Re: Charles E. Kitchens, et al., Bankrupts, 702 F.2d 885 (11th Cir.1983). For the repayment of unsecured debt under a chapter 13 plan, there is no fixed minimum percentage greater than zero. See 11 U.S.C.A. sec. 1325(a)(4) (1979).