401(k) Withdrawal Is Income for Means Test

401(K) DISBURSEMENT PRE PETITION IS CURRENT MONTHLY INCOME BUT NOT PROJECTED DISPOSBLE INCOME
In re DeThample, Case No 07-11829
July 5, 2008, Judge Nugent

Under 1325(b)(1)(B), a singular, one time disbursement is “income” for purposes of
determining Current Monthly Income (CMI), but followed Judge Karlin’s Lanning decision in determining what constituted Projected Disposable Income (PDI). This is a good read of the status of the law in
this area of its date of issuance, according to a digest of the case by Jan Hamilton, Trustee.

Related posts:

1. My Car Is Paid For, Can I Deduct Ownership Expense on Means Test?
2. Means Test Form Controls Unless Significant Changes in Circumstances
3. My Income Is Above Median, How Long Will My Chapter 13 Plan Run?
4. Cram Down Value Used for Means Test in Wichita Bankruptcies
5. Timeshare Debt Allowed on Means Test, Adult Child Disallowed