Legal Opinion

In Re DeThample

United States Bankruptcy Court, D. Kansas

Decided July 24, 2008No. 07-11829PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

This Court considers an issue requiring interpretation of certain provisions of the Bankruptcy Code enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA): Is a 401(k) disbursement received by an above-median income debtor during the 6-month period before filing included in the calculation of “current monthly income” under 11 U.S.C. § 101(10A) and the amount of “projected disposable income” that must be paid under the chapter 13 plan? The chapter 13 trustee objected to confirmation of debtors’ amended chapter 13…

2Cases cited21 opinions

  1. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  2. In Re AlexanderUnited States Bankruptcy Court, E.D. North Carolina · 2006
  3. In Re JassUnited States Bankruptcy Court, D. Utah · 2006
  4. Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
  5. Kibbe v. SumskiBankruptcy Appellate Panel of the First Circuit · 2007

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

3Cited by17 opinions

  1. Hildebrand v. Thomas (In Re Thomas)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  2. In Re MeadowsUnited States Bankruptcy Court, N.D. Texas · 2009
  3. In Re MendelsonUnited States Bankruptcy Court, E.D. New York · 2009
  4. In Re HiltonUnited States Bankruptcy Court, E.D. Wisconsin · 2008
  5. In Re ArrigoUnited States Bankruptcy Court, D. Colorado · 2008

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

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