Legal Opinion

In re: Barron D. Parks and Linda R. Parks

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 6, 2012No. BAP MT-11-1366-JuMkH; Bankruptcy 11-60050PublishedCited by 22 opinions

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

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  4. Keene Corp. v. United StatesSupreme Court of the United States · 1993
  5. 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

  1. In re RodriguezUnited States Bankruptcy Court, D. New Mexico · 2013
  2. In re DrapeauUnited States Bankruptcy Court, D. Massachusetts · 2013
  3. In re CantuUnited States Bankruptcy Court, E.D. Virginia · 2016
  4. In re BruceUnited States Bankruptcy Court, W.D. Washington · 2012
  5. In Re: Jorden Saldana v. Martha BronitskyCourt of Appeals for the Ninth Circuit · 2024

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

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