Legal Opinion
Burden v. Seafort (In Re Seafort)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided September 14, 2010No. 09-8062, 09-8063PublishedCited by 31 opinions
1Opinion of the Court
OPINION
MARCI B. McIVOR, Bankruptcy Judge.
In these consolidated appeals, Beverly M. Burden, Chapter 13 Trustee (“Trustee”), appeals the bankruptcy court’s ruling that Debtors may use income which becomes available once 401(k) loans are repaid to commence making contributions to debtors’ 401(k) plans. For the reasons stated in this opinion, the Panel concludes that post-petition income which becomes available after a debtor repays a 401(k) loan must be committed to the chapter 13 plan. Therefore, the bankruptcy court’s rulings confirming the Debtors’ chapter 13 plans are reversed. The cases are…
2Cases cited18 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Reves v. Ernst & YoungSupreme Court of the United States · 1993
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Hamilton v. LanningSupreme Court of the United States · 2010
13 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
- Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012
- In Re LeeBankruptcy Appellate Panel of the Sixth Circuit · 2012
- In Re McCullersUnited States Bankruptcy Court, N.D. California · 2011
- In Re EganUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
26 more not listed; retrieve them via the Exa API.