- 3 - In 1998, Mr. White borrowed $12,321 from his 401(k) account to help finance his oldest daughter’s college education. The amount borrowed was one-half of the account balance. The terms of the loan required repayment within 5 years based on level amortization through direct deduction from Mr. White’s paycheck on a semimonthly basis. On September 7, 2000, petitioners filed a voluntary petition in bankruptcy under chapter 13 of the Bankruptcy Code. Following the meeting of creditors on November 13, 2000, the Bankruptcy Court issued an order, which was entered on the court’s docket on November 14, 2000, confirming the chapter 13 plan and providing notice of a 25-day period within which to object. An objection filed by one creditor was subsequently withdrawn. Accordingly, the court’s order became final, pursuant to its terms, upon expiration of the 25-day period. During the initial phase of the bankruptcy proceeding, Graphic Packaging continued to deduct loan payments from Mr. White’s paychecks. However, after notification in mid-December 2000 by the bankruptcy trustee regarding the finality of the court’s order confirming petitioners’ chapter 13 plan, Graphic Packaging stopped deducting loan payments from Mr. White’s paychecks.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011