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James Thomas A. Jones, No. 24-80205

The Chapter 13 Trustee objected to the Debtor’s plan because it did not “step up” plan payments in month 29, when the Debtor would finish paying his retirement plan loan. The Debtor responded that no step up was required because he intended to increase his contributions to his retirement plan by the same amount as his loan repayments. Because contributions to an ERISA-qualified, employee benefit plan are not to be counted as disposable income, the Debtor is not required to increase his plan payments so long as he agrees in his plan that he will in fact increase his retirement contributions in month 29.

11 U.S.C. §§541(b)(7), 1306(a)(2), 1325(b)

Date: 
Wednesday, September 18, 2024