Critical Case Comment

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

Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen)

Case Summary

In 2017, Camille Davis filed a Chapter 13 petition proposing to repay substantial unsecured debts (approximately $189,000) over five years. She proposed a small dividend, paying her projected disposable income to the trustee. In calculating her projected disposable . . .

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