In Re Devilliers

How courts have described this case

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

• “Thus, mandatory or voluntary contributions to qualified retirement plans are not property of the estate ...”
• “ ‘Despite federal exemption [from garnishment or seizure], some bankruptcy courts held that social security income was to be included in the calculation of disposable income.’ ”
• “Congress, in plain and unambiguous language, specifically excluded Social Security benefits from current monthly income. The result is that they are also excluded in calculating disposable income.”
• “Congress has determined that contributions to a qualified retirement account are, by their very nature, reasonable and necessary. By providing for a debtor's eventual retirement, retirement contributions become part of debtor's fresh start.”
• “[S]trict and technical compliance with the means 27 test does not necessarily satisfy any debtors’ burden of good faith. Determining whether a plan is proposed in good faith 28 (continued...) 33 1 projected disposable income as calculated under § 1325(b)(2

Source: CourtListener parenthetical corpus (CC0).