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.