Legal Opinion
Lisa R. Hebbring v. U.S. Trustee
Court of Appeals for the Ninth Circuit
Decided September 11, 2006No. 04-16539PublishedCited by 27 opinions
1Opinion of the Court
WARDLAW, Circuit Judge.
We must decide whether a debtor seeking protection under Chapter 7 of the Bankruptcy Code may ever include voluntary contributions to a retirement plan as a reasonably necessary expense in calculating his disposable income. We hold that the Bankruptcy Code does not disallow such contributions per se, but rather requires courts to examine the totality of the debtor’s circumstances on a case-by-case basis to determine whether retirement contributions are a reasonably necessary expense for that debtor. In this case the bankruptcy court did not clearly err in finding that…
2Cases cited19 opinions
- In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- Bv Engineering v. University of California, Los AngelesCourt of Appeals for the Ninth Circuit · 1988
- First USA v. LamannaCourt of Appeals for the First Circuit · 1998
- In Re Thomas W. Price, Debtor, Thomas W. Price v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
- ARC Ecology v. U.S. Dept. of Air ForceCourt of Appeals for the Ninth Circuit · 2005
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
- In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- Egebjerg v. AndersonCourt of Appeals for the Ninth Circuit · 2009
- Amina Anwar v. D. JohnsonCourt of Appeals for the Ninth Circuit · 2013
- In Re SimmonsUnited States Bankruptcy Court, N.D. Ohio · 2006
22 more not listed; retrieve them via the Exa API.