Legal Opinion

New York City Employees' Retirement System v. Sapir (In Re Taylor)

District Court, S.D. New York

Decided May 5, 2000No. 99 Civ. 9618 AKHPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM & ORDER AFFIRMING BANKRUPTCY COURT

HELLERSTEIN, District Judge.

The question presented in this bankruptcy appeal is whether the Bankruptcy Court erred in holding that pension with-holdings from a Chapter 13 debtor’s salary, required to pay the debtor’s contributions to the New York City Employees’ Retirement System (“NYCERS”) pursuant to elections made by the debtor under Section 613(a) of the New York Retirement and Social Security Law, 1 constitute “disposable income” as defined in Section 1325(b)(2) of the Bankruptcy Code, 11 U.S.C. § 1325(b)(2), and as such are necessarily…

2Cases cited13 opinions

  1. In Re Dennis & Gail Ann Villarie, Debtors. New York City Employees' Retirement System v. Dennis VillarieCourt of Appeals for the Second Circuit · 1981
  2. Shimer v. Fugazy (In Re Fugazy Express, Inc.)District Court, S.D. New York · 1991
  3. In Re JonesUnited States Bankruptcy Court, S.D. Ohio · 1991
  4. In Re JOHNSONUnited States Bankruptcy Court, E.D. Texas · 1999
  5. In Re GoeweyUnited States Bankruptcy Court, N.D. New York · 1995

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3Cited by4 opinions

  1. In Re Sharlene De Ann TaylorCourt of Appeals for the Second Circuit · 2001
  2. American Express Centurion Bank v. McGilberry (In Re McGilberry)United States Bankruptcy Court, M.D. Pennsylvania · 2003
  3. New York City Employees' Retirement System v. SapirCourt of Appeals for the Second Circuit · 2001
  4. Montoya v. DubbinUnited States Bankruptcy Court, D. New Mexico · 2021

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