Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

ATTENTION:  INCLUSION OF THIS CASE AS A GREATEST HITS WAS IN ERROR - this case was reversed and remanded by the U.S. District Court in Miner v. Johnson, 589 B.R. 51, W.D.La., May 23, 2018.  We apologize for any inconvenience.

Above-median income debtors are required to contribute to their Chapter 13 plans the amount of any voluntary 401(k) loan repayment after that loan has been satisfied; voluntary contributions to a 401(k) account . . .

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