In re DeThample

Ruling: 
Singular nonrecurring 401(k) distribution could be overlooked in computing debtors' current monthly income.
Procedural posture: 
Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bankruptcy trustee was appointed to represent the bankruptcy estate, and she filed an objection to the debtors' plan, claiming, inter alia, that it should not be confirmed because the debtors failed to include a disbursement the wife received from a 401(k) plan when they calculated their projected disposable income.
Issue: 
ABI Membership is required to access the full summary of In re DeThample. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0908-014