In re: Barron D. Parks and Linda R. Parks
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge.
Relying on § 541(b)(7)(A) 1 , above-median chapter 13 debtors, Barron and Linda Parks, calculated their disposable income by deducting voluntary postpetition 401(k) contributions in the amount of $318 per month from their monthly income. They then sought confirmation of their first amended plan.
The chapter 13 trustee, Robert G. Drummond, objected to confirmation of debtors’ proposed plan on the ground that deductions for voluntary postpetition 401 (k) contributions were not authorized for purposes of calculating disposable income under § 1325(b)(2) based on the…
2Cases cited17 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Keene Corp. v. United StatesSupreme Court of the United States · 1993
- In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
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3Cited by22 opinions
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- In re BruceUnited States Bankruptcy Court, W.D. Washington · 2012
- In Re: Jorden Saldana v. Martha BronitskyCourt of Appeals for the Ninth Circuit · 2024
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