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 . . .

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.

Related Articles

November 15, 2020
Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix C Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1, 2020 Description Current Fee Adjusted Fee Exemplification $22 $23 Reproduction of audio recording of court proceeding $31 $32 Filing amendment to debtor's schedules $31 $32 Search fee $31 $32 Filing any document that is not related to...
Members
NN Photo
March 5, 2023
In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included...
Members
Copy of Hildebrand-2016
It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...
July 14, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division A. Property Acquired After The Filing Of The Chapter 13 Case: The Different Approaches. 1. Property Acquired Post-Petition vs. Property “Vesting In The Debtor”. Click here for Part 2 The broad issue of what becomes property of the Chapter 13 estate post-petition involves consideration of two...
Members
rmichaelsmith
September 18, 2022
As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well. There are those favoring relief for debtors now unable to pay their student loans. They have proposed various forms of relief, including several forgiveness programs and re-allowing such debts to be discharged in bankruptcy under more usual...
Members
NN Photo
March 20, 2022
A New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge. Asma J. Warsi v. Adrian J. Johnson (Case No. MID-L-001023-22, Super. Ct. of N.J., Middlesex County); In re Chaundry, 569 B.R. 372 (Bankr. D. N.J. 2017). In Chaundry, Creditor Wife had a marital...
Members
July 24, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Wonk Alert This Part 2 wraps up some suggestions about how the parties to residential mortgages may avoid or minimize problems in the structuring and administration of these loans, with a discussion of subsection 1111(b) of Bankruptcy Code.1 This discussion may seem arcane, as indeed many experienced Chapter 11 practitioners...
Members
September 22, 2019
By Cathy Moran, Esq. (Redwood City, CA) I wrote earlier about calculating the projected income tax deduction on the means test when the year of filing situation looks much like last year. But what if things aren't the same year over year? Your job as a bankruptcy attorney becomes more complicated. It's suddenly more than figuring the tax refund or...
Members
ahern_larry_regular
March 20, 2022
"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...
Members
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