In Re Lenton

Opinion

DIANE WEISS SIGMUND, Chief Judge.

Before the Court is the Motion of the United States Trustee (the “Trustee”) to Dismiss the above-captioned bankruptcy case pursuant to 11 U.S.C. § 707(b) (the “Motion”). At issue is whether Debtor may deduct $836 from his current monthly income to account for payments on two loans from Debtor’s 401(k) plan and therefore avoid or, if not avoided, rebut the presumption of abuse under the means test in § 707(b)(2)(A). For the reasons that follow, I find that Debtor may not use the loan payments to avoid the presumption of abuse, but that he has rebutted…