In re Latone
Oct
23
2008
Ruling
Deduction for 401(k) loan payments was not grounds for dismissal.
Procedural posture
The United States Trustee (UST) moved to have the debtor's case dismissed under the "totality of the circumstances" test of 11 U.S.C.S. § 707(b)(3). The UST argued that the debtor's case should be dismissed because he made payments on outstanding loans from his 26 U.S.C.S. § 401(k) plan (401(k) loans).
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Court
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