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:
- My Car Is Paid For, Can I Deduct Ownership Expense on Means Test? OWNERSHIP EXPENSE NOT ALLOWED IF VEHICLE PAID FOR In re Howell, Case No. 06-11652 April 2007, Judge Nugent Trustee objected...
- Cram Down Value Used for Means Test in Wichita Bankruptcies A DEBTOR MUST USE THE STRIPPED/CRAMMED DOWN AMOUNT FOR PURPOSES OF CURRENT MONTHLY INCOME (CMI) ON LINE 47 OF B22C...
- Means Test Form Controls Unless Significant Changes in Circumstances B22C CONTROLS UNLESS SIGNIFICANT CHANGES IN CIRCUMSTANCES In re Lanning, Case No. 06-41037 May 2007, Judge Karlin Over the Chapter...
- Income and Expenses After Bankruptcy Change Chapter 13 Means Test REITERATION THAT INCOME AND EXPENSE CHANGES MAY BE CONSIDERED POST PETITION IN 13. In re Tholl, Case No. 07-22677 December...
- Deviation from Bankruptcy Means Test for Expenses, Too LANNING EXTENDED TO EXPENSE SIDE In re Melvin, Case No. 07-22352 December 2008 Judge Somers Court extended the Lanning analysis...
