Parks v. Drummond (In re Parks), No. MT-11-1366-JuMkH, 2012 WL 3193342, at *3–*4 (B.A.P. 9th Cir. Aug. 6, 2012) (Jury, Markell, Hollowell) • NACTT Academy

Parks v. Drummond (In re Parks), No. MT-11-1366-JuMkH, 2012 WL 3193342, at 3–4 (B.A.P. 9th Cir. Aug. 6, 2012) (Jury, Markell, Hollowell)

Voluntary contributions to 401(k) retirement plan are included in projected disposable income notwithstanding § 541(b)(7)(A). “[B]y reading § 541(a)(1) and § 541(b)(7)(A) together, the most reasonable interpretation of § 541(b)(7)(A) is that it excludes from property of the estate only those 401(k) contributions made before the petition date. . . . ‘[S]uch amount’ referred to in the hanging paragraph of § 541(b)(7)(A) means that only prepetition contributions shall not constitute disposable income. . . . [T]he term ‘except that’ in the hanging paragraph was designed simply to clarify that the voluntary retirement contributions excluded from property of the estate are not postpetition income to the debtor. . . . [Section] 1306(a)(2) makes postpetition earnings of a debtor part of his or her estate but nowhere in chapter 13 are voluntary retirement contributions excluded from disposable income.”

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