Eisen v. Thompson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• re-versing bankruptcy court and holding that circumstances which lead to 401k loan may be “special” but finding that debtors took out the loan because of their “longstanding general inability to keep up with their obligations to creditors”
• in the absence of evidence of the reasons for the 401K loan, allowance of 401K loan payments as “special circumstances” by bankruptcy court reversed
• “As the lower court noted, ‘the language of the “special circumstances” provision implies fact-specific circumstances.’ ”
• “[A]n obligation to repay a loan is not a ‘special circumstance,’ but the circumstances that led to taking that loan may be ‘special’ under § 707(b)(2)(B)(I).”
• majority view is that retirement plan loans are not secured debts
• repayment of loan from retirement funds not a “special circumstance”

Source: CourtListener parenthetical corpus (CC0).