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Full-Text Articles in Bankruptcy Law
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Golden Gate University Law Review
This case summary begins by discussing the facts and procedural history of the two consolidated appeals in Gebhart. Next, it outlines and reviews the analysis of the Ninth Circuit. Lastly, it concludes by briefly discussing the implications of the Ninth Circuit’s decision in Gebhart.
Cleaning The Mess Of The Means Test: The Need For A Case-By-Case Analysis Of 401(K) Loans In Chapter 7 Bankruptcy Petitions, Luke Welmerink
Cleaning The Mess Of The Means Test: The Need For A Case-By-Case Analysis Of 401(K) Loans In Chapter 7 Bankruptcy Petitions, Luke Welmerink
Golden Gate University Law Review
This Comment examines the relevant case law regarding Chapter 7 petitions and the policy implications of not considering 401(k) loan repayment a necessary expense. Section II provides an overview of the treatment of 401(k) loans in bankruptcy, as well as a more detailed review of means testing and an analysis of Other Necessary Expenses. Section III argues that courts should look to the facts and circumstances surrounding petitions to determine whether 401(k) loan repayments can be deducted as necessary expenses, and that doing so will not affect the ability of courts to properly dismiss abusive petitions under a totality-of-the-circumstances analysis. …