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Repayment of 401(k) loan not deductible in Chapter 13 disposable income test

In re: Egebjerg May 29, 2009

This case states that contributions to voluntary retirement plans are not necessary expenses, Therefore the repayment of a loan to a voluntary retirement plan is likewise not a necessary expense. The court went on to state that repayments of 401(k) loans are not payments on a secured debt and should be counted as disposable income on a Chapter 13 Form B-22C.

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