From the Editor’s Desk – Disposable Income

By The Honorable William Houston Brown (Retired)

Disposable Income

Retirement plan contributions at filing are not included in projected disposable income. One above-median income debtor deducted on Form 22C $541.67 monthly voluntary contribution to an employer-sponsored retirement plan under IRC § 457, and the initial contribution began three months before filing Chapter 13. Discussing the three views of § 541(b)(7), the court adopted the view that “if debtors are making voluntary retirement contributions on the date of the petition, they are permitted to continue them during the life of the plan . . .

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