In re Afko

1 Citing case

  1. In re Vanlandingham

    516 B.R. 628 (Bankr. D. Kan. 2014)   Cited 13 times
    Holding that "[c]ontributions for 401(k) or other defined contribution retirement plans are not among the enumerated deductions in § 707(b), but § 541(b) excludes wages withheld for that purpose from property of the estate and further provides that these withholdings ‘shall not constitute disposable income’ as it is defined in § 1325(b)"

    2014) (post-petition retirement contributions protected and not included in projected disposable income where debtor had voluntarily contributed same amount prepetition for past 14 years).Seafort, 669 F.3d at 673 ; In re Afko, 501 B.R. 202, 206–07 (Bankr.S.D.N.Y.2013) (debtors sought to use retirement loan repayment savings as a cushion for unanticipated living expenses).A third view expressed in In re Prigge, holds that no voluntary post-petition contributions to debtor's 401(k) plan, whatever the amount, are excluded from disposable income.