Question
(LA-1) Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He had been employed for 27 years, earned a gross income of $6,115.56 per
(LA-1) Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He had been employed for 27 years, earned a gross income of $6,115.56 per month, and had unsecured consumer debt of around $31,000. About two years earlier, he took a loan from his 401 (k), and he paid back this loan through automatic deductions to his paycheck in the amount of $733.90 per pay period. Egebjerg listed the 401(k) loan repayment in his bankruptcy petition as a necessary expense, leaving him with just $15.31 of disposal income per month. The US trustee moved to dismiss his petition as presumptively abusive because the 401 (k) loan repayment was not a necessary expense and thus his filing failed the means test. Do you think that the court agreed that the 40l(k) loan repayment was a necessary expense and thus should be calculated in the debtor's monthly ability to pay? Why or why not?
Some of the rules below are relevant to the answer, some are not. Use the relevant terms from the rule bank below applies and define the terms you use.
Rule Bank
Liquidation Fraudulent Transfer Non-dischargeable Debt
Discharge Classes of Priority Bankruptcy Estate
Automatic Stay Reaffirmation Agreement BAPCPA
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started