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Legal Opinion

In Re Thompson

United States Bankruptcy Court, N.D. Ohio

Decided September 26, 2006No. 19-30577PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

This Chapter 7 case is currently before the Court on the United States Trustee’s motion to dismiss for abuse under 11 U.S.C. § 707(b)(1). At issue is whether payments on the debtor-husband’s 401(k) loan may be used to reduce the debtors’ current monthly income. For the reasons that follow, the Court finds that the payments are “payments on account of secured debts” for purposes of 11 U.S.C. § 707(b)(2)(A)(iii), thereby negating any presumption of abuse. In the alternative, the Court finds that, even if the presumption of abuse exists,…

2Cases cited7 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. NolandSupreme Court of the United States · 1996
  3. Rousey v. JacowaySupreme Court of the United States · 2005
  4. In Re BarrazaUnited States Bankruptcy Court, N.D. Texas · 2006
  5. In Re ParrishUnited States Bankruptcy Court, N.D. Ohio · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  2. In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
  3. Egebjerg v. AndersonCourt of Appeals for the Ninth Circuit · 2009
  4. In Re HamanUnited States Bankruptcy Court, D. Delaware · 2007
  5. Eisen v. ThompsonDistrict Court, N.D. Ohio · 2007

23 more not listed; retrieve them via the Exa API.

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