- 11 U.S.C.
In re Cram
Apr
24
2009
Ruling
Although withdrawal from 401(k) was properly excluded from current monthly income calculation, confirmation was denied for failure to commit other income to plan.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. A trustee objected to the plan under 11 U.S.C.S. § 1325(b)(1)(B), because the debtors did not include a distribution they received from their 401(k) account when the calculated their current monthly income (CMI).
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Court
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