Legal Opinion
In Re McCullers
United States Bankruptcy Court, N.D. California
Decided June 8, 2011No. 10-34281PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM DECISION REGARDING TRUSTEE’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN
THOMAS E. CARLSON, Bankruptcy Judge.
The principal issue raised in this case is whether section 541(b)(7) 1 authorizes a chapter 13 debtor to deduct voluntary postpetition contributions to a qualified benefit plan in calculating the debtor’s disposable income under section 1325(b). I conclude that section 541(b)(7) does not authorize such a deduction.
FACTS
Debtor is a 43-year-old single man with no dependents, who earns $9,806 per month. As of the petition date he owed $23,571 on a car loan, $27,000 to his…
2Cases cited14 opinions
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re DevilliersUnited States Bankruptcy Court, E.D. Louisiana · 2007
- Baxter, Barnee v. Johnson (In Re Johnson)United States Bankruptcy Court, S.D. Georgia · 2006
- Egebjerg v. AndersonCourt of Appeals for the Ninth Circuit · 2009
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012
- In re: Barron D. Parks and Linda R. ParksUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re RodriguezUnited States Bankruptcy Court, D. New Mexico · 2013
- In Re EganUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
- In re DrapeauUnited States Bankruptcy Court, D. Massachusetts · 2013
14 more not listed; retrieve them via the Exa API.