Potential Ninth Circuit Decision in the Making: Where do Voluntary Contributions to Retirement Fit in Chapter 13 Bankruptcy Plans?

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)

Trustees and debtors should keep an eye on the Ninth Circuit and the nine states it covers regarding the treatment of voluntary contributions to retirement plans.

A recent decision in the Western District of Washington held contributions to an employee retirement plan should be excluded from the computation of current monthly income and, therefore, not deducted from disposable income in the Means Test. In re Vu, No. 15-41405 (Bankr. W.D. June 16, 2015).

Anh-Thu Thi Vu was an above-median debtor . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

June 28, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...

Members

Meet New Trustee Brian Tucci

Nicole Noll

August 14, 2022

In April, Brian Tucci started his appointment as the Chapter 13 Standing Trustee for Baltimore, Maryland. He is a native Marylander with deep roots in the Maryland bankruptcy community. Brian succeeded the late Robert S. Thomas, II and Robert’s predecessor, the late Ellen Crosby. Brian earned his undergraduate degree at the University of Maryland and his J.D. at Western Michigan...

Members

Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

April 18, 2021

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX B Side-by-Side Comparison of 11 U.S.C. § 1328(b)-(i) and 11 U.S.C. § 1141(d)(5)(B)-(C) 11 U.S.C. § 1328(b)-(i) Discharge 11 U.S.C. § 1141(d)(5)(B)-(C) Effect of Confirmation (b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge ....

Members

From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL...

Members

Critical Case Comment – The Plan Rules

Henry E. Hildebrand, III

December 4, 2022

Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be controlled by the specific term of the plan provision and not by the larger proof of claim filed by the creditor. (Baer) In re Edelstein, 2022 WL 16730027 (Bankr. N.D. Ill. November 7, 2022) Case Summary The Edelsteins filed Chapter...

Members

Employers Who Provide Leave Might Qualify to Claim Valuable Credit

August 25, 2019

Employers who provide paid family and medical leave to their employees might qualify for a credit that can reduce the taxes they owe. It’s called the employer credit for family and medical leave. Here are some facts about the credit to help employers find out if they might be able to claim it. To be eligible, an employer must: Have...

Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered

Henry E. Hildebrand, III

March 19, 2023

Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year plan would be denied as providing insufficient justification to exceed three years. (Robinson) In re Ingram, 2023 WL 2529730 (Bankr. N.D. Ala. March 15, 2023) Case Summary Danny Ingram filed four bankruptcy cases over 20 years. He was single with...

Members

While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

Kevin R. Anderson

April 24, 2022

Recent headlines noted that March 2022 saw a 33.5% increase in bankruptcy filings over February. This could suggest the coming swell in bankruptcy cases anticipated since the start of the COVID pandemic. However, bankruptcy professionals recognize that consumer filings always spike in March (see chart). This phenomenon is usually attributed to the tendency to avoid filing in January and February...

Members

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

Members

6 Steps to Ethical Unbundling of Bankruptcy Representation

March 21, 2021

By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...

Members