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In re Novak

In re Novak

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