Legal Opinion
In Re Bell
United States Bankruptcy Court, S.D. Illinois
Decided July 5, 2001No. 19-30022PublishedCited by 8 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
At issue in this case is whether the debtor may continue payments on a 401K loan through paycheck deductions during his Chapter 13 case or whether this violates the “disposable income” requirement for confirmation of his Chapter 13 plan. See 11 U.S.C. § 1325(b)(1).
The trustee objects to confirmation of the debtor’s plan, arguing that 401K loan expenditures are per se not reasonably necessary for the support or maintenance of a debtor or the debtor’s dependents and, thus, constitute disposable income that must be paid to creditors during a Chapter 13…
2Cases cited13 opinions
- In Re CavanaughUnited States Bankruptcy Court, D. Idaho · 1994
- In Re JonesUnited States Bankruptcy Court, S.D. Ohio · 1991
- In Re Sharlene De Ann TaylorCourt of Appeals for the Second Circuit · 2001
- In Re JOHNSONUnited States Bankruptcy Court, E.D. Texas · 1999
- In Re DelneroUnited States Bankruptcy Court, N.D. New York · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re BarrazaUnited States Bankruptcy Court, N.D. Texas · 2006
- Educational Credit Management Corp. v. Savage (In Re Savage)Bankruptcy Appellate Panel of the First Circuit · 2004
- Lisa R. Hebbring v. U.S. TrusteeCourt of Appeals for the Ninth Circuit · 2006
- In Re KingDistrict Court, D. Kansas · 2004
- In Re MendozaUnited States Bankruptcy Court, D. Arizona · 2002
3 more not listed; retrieve them via the Exa API.