In re Smith

Ruling: 
401(k) plan loans were not secured debts for which repayment was required or special circumstances.
Procedural posture: 
The U.S. Trustee filed a motion to dismiss debtors' chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1) and (b)(2), asserting that one debtor's loans from his retirement savings plan were not secured debts or a special circumstance so as to defeat the presumption of abuse that otherwise arose.
Issue: 
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Consumer case opionion summary, case decided on June 20,2008, LexisNexis #0708-123