Legal Opinion
In Re Nation
United States Bankruptcy Court, S.D. New York
Decided July 26, 1999No. 18-01671PublishedCited by 20 opinions
1Opinion of the Court
DECISION GRANTING DEBTOR’S MOTION TO ENJOIN PAYROLL DEDUCTIONS FOR PENSION CONTRIBUTIONS AND PENSION LOAN REPAYMENTS
AD LAI S. HARDIN, Jr., Bankruptcy Judge.
At issue in this contested matter is whether mandatory payroll deductions for pension contributions and pension loan repayments are part of the debtor’s “disposable income” under 11 U.S.C. §§ 1325(b)(1)(B) and (b)(2)(A). For the reasons below stated, I conclude that pension contributions and loan repayments constitute “disposable income” within the statutory definition. Accordingly, I grant the debtor’s motion for an order directing her…
2Cases cited31 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- In Re Dennis & Gail Ann Villarie, Debtors. New York City Employees' Retirement System v. Dennis VillarieCourt of Appeals for the Second Circuit · 1981
26 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Educational Credit Management Corp. v. Savage (In Re Savage)Bankruptcy Appellate Panel of the First Circuit · 2004
- In Re HeffernanUnited States Bankruptcy Court, D. Connecticut · 1999
- In Re Sharlene De Ann TaylorCourt of Appeals for the Second Circuit · 2001
- In Re JOHNSONUnited States Bankruptcy Court, E.D. Texas · 1999
- Astor Holdings, Inc. v. RoskiDistrict Court, S.D. New York · 2003
15 more not listed; retrieve them via the Exa API.