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IN RE SALDANA

No. 23-15860.

122 F.4th 333 (2024)

IN RE: Jorden Marie SALDANA, Debtor. Jorden Marie Saldana, Appellant, v. Martha G. Bronitsky, Chapter 13 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2024.

Attorney(s) appearing for the Case

Michael J. Primus (argued), Law Offices of Michael J. Primus, Hercules, California, for Appellant.

Brent D. Meyer (argued), Meyer Law Group LLP, San Francisco, California; Sarah R. Velasco, Martha G. Bronitsky, Chapter 13 Trustee, Hayward, California; for Appellee.

Christina L. Henry, Seattle Consumer Justice PS, Seattle, Washington, for Amici Curiae The National Consumer Bankruptcy Rights Center and The National Association of Consumer Bankruptcy Attorneys.

Dissent by Judge Consuelo M. Callahan.

OPINION

In this appeal, we consider whether voluntary contributions to employer-managed retirement plans constitute disposable income in a Chapter 13 bankruptcy, We conclude that such contributions are not disposable income. We reverse the judgment of the district court.

The bankruptcy court had jurisdiction...

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