In Re: Jorden Saldana v. Martha Bronitsky

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: JORDEN MARIE SALDANA, No. 23-15860

Debtor. D.C. No. 5:22-cv- ______________________________ 06223-BLF

JORDEN MARIE SALDANA,

OPINION

Appellant, v.

MARTHA G. BRONITSKY, Chapter 13 Trustee,

Appellee.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding Argued and Submitted May 15, 2024 San Francisco, California Filed November 22, 2024

Before: Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge Sidney R. Thomas; Dissent by Judge Consuelo M. Callahan IN RE: SALDANA V. BRONITSKY

SUMMARY *

Bankruptcy

Reversing the district court’s judgment affirming the bankruptcy court and remanding, the panel held that a debtor’s voluntary contributions to employer-managed retirement plans do not constitute disposable income in a Chapter 13 bankruptcy. The debtor voluntarily filed for Chapter 13 bankruptcy to reorganize her finances and seek relief from unpaid taxes and other unsecured debts. In calculating her disposable income,…