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§ 1322(f)

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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Consumer opinion summary, case decided on October 23, 2008 , LexisNexis #0109-059
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Coop v. Lasowski (In re Lasowski)

Mar
31
2008
Ruling
Debtor's deduction from projected disposable income calculation for 401(k) loan payments limited to actual balance due.
Procedural posture

Appellee debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. The United States Bankruptcy Court for the Eastern District of Arkansas approved the debtor's plan, and appellant chapter 13 trustee appealed the bankruptcy court's order, arguing that the bankruptcy court miscalculated the amount the debtor was required to pay unsecured creditors.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 31, 2008 , LexisNexis #0408-088
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In re Novak

Dec
12
2007
Ruling
Repayment of 401(k) loan should be prorated.
Procedural posture

Objector, the chapter 13 trustee, opposed confirmation of a chapter 13 plan proposed by debtor to the extent that it allocated but did not prorate the funds needed to repay debtor's loan to her section 401k plan. At issue was whether such treatment was proper under 11 U.S.C. § 1322(f) and 11 U.S.C. § 1325.

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Consumer opinion summary, case decided on December 12, 2007 , LexisNexis #0108-056
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In re Lasowski

Sep
14
2007
Ruling
Plan confirmed over trustee's objection as court could not require proration of 401(k) loan payments even though loans would be paid off before plan completion.
Procedural posture

A chapter 13 trustee objected to the confirmation of the plan of an above- median debtor. Because the debtor would pay off her 401(k) loan obligations before the completion of the proposed plan, the trustee objected to the debtor claiming a full deduction for the monthly loan payments.

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Consumer opinion summary, case decided on September 14, 2007 , LexisNexis #1007-092
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