Tuesday, April 15, 2008

Ann B. Lasowski, Debtor. David D. Coop, Trustee-Appellant, v. Anne B. Lasowski, Debtor-Appellee. Case No. 07-6063

Debtor may only deduct actual amounts required to repay 401(k) loans when calculating disposable income on means test; once the loans are repaid, debtor's chapter 13 plan must redirect those payment amounts to unsecured creditors.

Date of opinion:3/21/08

Full opinion click here.

STEVEN KETH MOWRIS and MARILYN SUE MOWRIS,Case No. 07-61100

Above-median Chapter 7 debtors are not permitted take a deduction on the means test for payments on loans against retirement accounts.

Date of opinion: 3/17/08

Click here for the full opinion.

Thursday, February 7, 2008

In re Mordis 06-42590

Whether or not the repayment of a 401(k) loan could be used on the means-test to avoid substantial abuse. Judge MacDonald decided that the 401(k) repayment are not the type of expenses that should be deducted from the income when calculating substantial abuse under §707(b)(2)(A)(ii),(iii), or (iv).

Date of decision: 10/9/07

For the full opinion click here.