- 11 U.S.C.
In re Siler
Mar
23
2010
Ruling
Debtor's retirement plan contributions and loan obligations did not constitute special circumstances that would rebut the presumption of abuse.
Procedural posture
Based on a bankruptcy debtor's projected disposable income, the debtor presumptively abused chapter 7 bankruptcy, but the debtor asserted that disallowed expenditures constituted special circumstances to rebut the presumption based on the debtor's retirement plan contributions, a plan loan obligation, and a student loan obligation. The bankruptcy administrator moved to dismiss the debtor's case.
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Court
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