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Legal Opinion

In Re Awuku

United States Bankruptcy Court, E.D. New York

Decided April 28, 2000No. 1-15-45061PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OF DECISION DENYING DEBTOR’S MOTION FOR AN ORDER SUSPENDING HIS PENSION CONTRIBUTIONS

STAN BERNSTEIN, Bankruptcy Judge.

Issue:

The dispositive issue of law before the Court is whether a bi-weekly deduction equal to 3% of the chapter 13 debtor’s gross salary, which is credited to his pension plan, can be treated as a “reasonably necessary” expense in calculating “disposable income” under 11 U.S.C. section 1325(b)(2)(A)?

Background:

On August 11, 1999, the debtor filed a petition for relief under chapter 13 of the Bankruptcy Code. He has worked as a tax auditor for the Department of…

2Cases cited9 opinions

  1. In Re MillsUnited States Bankruptcy Court, S.D. California · 2000
  2. In Re EsquivelUnited States Bankruptcy Court, E.D. Michigan · 1999
  3. In Re NationUnited States Bankruptcy Court, S.D. New York · 1999
  4. Matter of Colon VazquezUnited States Bankruptcy Court, D. Puerto Rico · 1990
  5. In Re DavisUnited States Bankruptcy Court, D. Montana · 1999

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

3Cited by10 opinions

  1. In Re: DAVID C. WELSH and SHARON N. WELSHCourt of Appeals for the Ninth Circuit · 2013
  2. In Re Sharlene De Ann TaylorCourt of Appeals for the Second Circuit · 2001
  3. In Re KingDistrict Court, D. Kansas · 2004
  4. In re SmithUnited States Bankruptcy Court, W.D. Oklahoma · 2018
  5. New York City Employees' Retirement System v. Sapir (In Re Taylor)District Court, S.D. New York · 2000

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

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