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N.D. Ohio· 10/15/2007

In Re Gonzalez

Citations

  • 378 B.R. 168
  • 2007 WL 3028423

How courts have described this case

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

  • stating that § 707(b)(3)(B) is a “totality of the circumstances” test, leaving open the possibility that there are situations where a debtor is permitted to expense against income contributions and/or loan repayments made to a retirement account
  • contributions to a retirement account are generally an impermissible deduction from a debtor’s disposable income
  • court used expense figures provided in the means test as a “pole for guidance” in determining the reasonableness of expenses under 11 U.S.C. § 707(b)(3)
  • “this fact, alone, will not operate to exclude from the Debtors’ ‘disposable income’ the monthly repayments being made on the loan.”
  • “[A]s a pole for guidance, the expense figures provided in the ‘means test’ can be helpful when determining the reasonableness of a debtor’s expenses under § 707(b)(3). The underlying goal of both the ‘means test’ of § 707(b)(2
  • addressing contributions to retirement accounts

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard L. Speer

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Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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