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HEBBRING v. U.S. TRUSTEE

No. 04-16539.

463 F.3d 902 (2006)

Lisa R. HEBBRING, Appellant, v. U.S. TRUSTEE, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2006.

Attorney(s) appearing for the Case

Christopher P. Burke, Reno, NV, for the debtor-appellant.

Nicholas Strozza, William B. Cossitt, Office of the U.S. Trustee, U.S. Department of Justice, Reno, NV; Donald F. Walton, P. Matthew Sutko, Mark A. Redmiles, Executive Office for U.S. Trustees, U.S. Department of Justice, Washington, DC, for the trustee-appellee.

Before RYMER and WARDLAW, Circuit Judges, and JAMES WARE, District Judge.

WARDLAW, Circuit Judge.

We must decide whether a debtor seeking protection under Chapter 7 of the Bankruptcy Code may ever include voluntary contributions to a retirement plan as a reasonably necessary expense in calculating his disposable income. We hold that the Bankruptcy Code does not disallow such contributions per se, but rather requires courts to examine the totality of the debtor's circumstances on a case-by-case basis to determine whether retirement contributions...

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