United States Ninth Circuit

The Bankruptcy Code does not, per se, disallow voluntary contributions to a retirement plan as a reasonably necessary expense in calculating a debtor's disposable income, but rather requires courts to examine the totality of the debtor-s circumstances on a case-by-case basis to determine whether retirement contributions are a reasonably necessary expense for that debtor.

Appellate Information

• Decided 09/11/2006
• Published 09/11/2006

Judges

• WARDLAW, Circuit Judge., Before RYMER and WARDLAW, Circuit Judges, and JAMES WARE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher P. Burke, Reno, NV, for the debtor-appellant.


• For Appellees:
  
• Nicholas Strozza, William B. Cossitt, Office of the U.S. Trustee, U.S. Department of Justice, Reno, NV;  Donald F. Walton, P. Matthew Sutko, Mark A. Redmiles, Executive Office for U.S. Trustees, U.S. Department of Justice, Washington, DC, for the trustee-appellee.