Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He earned a gross income of $6,115.56

Question:

Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He earned a gross income of $6,115.56 per month, was single and had no assets. He had unsecured consumer debt of $31,000. Two years before, he had taken a loan from his retirement plan. The plan automatically deducted $734 from his paycheck each month to repay the loan, which was scheduled to be repaid in 2008. According to Egebjerg's schedule of necessary expenses, which included the retirement fund repayment, he was left with a monthly disposable income of $15. The trustee moved to dismiss the Chapter 7 petition, arguing that the retirement fund repayment was not a necessary expense. With that subtracted from his expenses, Egebjerg's filing was an abuse of the means test. The bankruptcy court agreed and ordered Egebjerg to convert his filing to Chapter 13. Under that, he could pay unsecured creditors $525 a month and could make smaller payments toward repaying his retirement fund. Egebjerg appealed; does he have the right to repay the sums into his retirement fund? [Egebjerg v. Anderson, 574 F.3d 1045, 9th Cir, (2009)]

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question

The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

Question Posted: