Income and Means Test – Tucson Law Center

Private Disability Benefits Must be Included in CMI Calculation for Statutory Means Test

Private Disability Benefits Must be Included in CMI Calculation for Statutory Means Test In Blausey v. U.S. Trustee (2009), the Ninth Circuit Court of Appeals held that the debtor was required to include her private disability insurance benefits in the calculation of Current Monthly Income (CMI), and that a subsequent inclusion of the benefit in the CMI […]

401(k) Contributions in a Chapter 13 Plan are Disallowed in Calculation of Disposable Income

401(k) Contributions in a Chapter 13 Plan are Disallowed in Calculation of Disposable Income In the case of In re Parks, the Bankruptcy Appellate Panel for the Ninth Circuit held that only pre-petition 401(k) contributions shall not constitute disposable income. In that case, above-median income debtors were making monthly $318 voluntary contributions to their 401(k), and […]

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