The Ninth Circuit Court of Appeals has agreed to hear an appeal whether the bankruptcy court erred in ruling that a Chapter 13 debtor, in calculating projected disposable income, is not permitted to deduct the amount of voluntary retirement plan contributions even where the debtor was making the contributions prepetition. The debtor’s appeal from adverse decisions below.
Lynch v. Jackson, No. 16-1358 (4th Cir.)
Type: Amicus
Date: July 5, 2016
Description: Whether the Means Test calculation requires the debtor to use expense deductions, as those amounts are specified in the National and Local Standards published by the Internal Revenue Service (IRS).
Result: Affirmed, January 4, 2017, debtor won.
Wilkerson v. Niklas, No. 15-7152 (D.C. Cir.)
Type: Amicus
Date: March 8, 2016
Description: Whether the debtor is entitled to a deduction in the amount specified by the IRS Standards or must deduct actual expenses for Housing/Rent and Transportation Ownership.
Result: Voluntarily dismissed, April 5, 2016