Cleaning the Mess of the Means Test: The Need For A Case-by-Case Analysis of 401(k) Loans in Chapter 7 Bankruptcy Petitions

This Comment examines the relevant case law regarding Chapter 7 petitions and the policy implications of not considering 401(k) loan repayment a necessary expense. Section II provides an overview of the treatment of 401(k) loans in bankruptcy, as well as a more detailed review of means testing and an analysis of Other Necessary Expenses. Section III argues that courts should look to the facts and circumstances surrounding petitions to determine whether 401(k) loan repayments can be deducted as necessary expenses, and that doing so will not affect the ability of courts to properly dismiss abusive petitions under a totality-of-the-circumstances analysis. This Comment concludes that a 401(k) loan repayment deduction may be proper, and therefore a case-by-case analysis of a Chapter 7 petition is equitable for debtors subject to the means test

Cleaning the Mess of the Means Test: The Need For A Case-by-Case Analysis of 401(k) Loans in Chapter 7 Bankruptcy Petitions

This Comment examines the relevant case law regarding Chapter 7 petitions and the policy implications of not considering 401(k) loan repayment a necessary expense. Section II provides an overview of the treatment of 401(k) loans in bankruptcy, as well as a more detailed review of means testing and an analysis of Other Necessary Expenses. Section III argues that courts should look to the facts and circumstances surrounding petitions to determine whether 401(k) loan repayments can be deducted as necessary expenses, and that doing so will not affect the ability of courts to properly dismiss abusive petitions under a totality-of-the-circumstances analysis. This Comment concludes that a 401(k) loan repayment deduction may be proper, and therefore a case-by-case analysis of a Chapter 7 petition is equitable for debtors subject to the means test

Erratum to: Effect of the Healthy MOMs Lifestyle Intervention on Reducing Depressive Symptoms Among Pregnant Latinas

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/117047/1/ajcp9568.pd

Effect of the Healthy MOMs Lifestyle Intervention on Reducing Depressive Symptoms Among Pregnant Latinas

Depression during the prenatal and postpartum periods is associated with poor maternal, perinatal and child outcomes. This study examines the effectiveness of a culturally and linguistically tailored, social support‐based, healthy lifestyle intervention led by trained community health workers in reducing depressive symptoms among pregnant and early postpartum Latinas. A sample of 275 pregnant Latinas was randomized to the Healthy MOMs Healthy Lifestyle Intervention (MOMs) or the Healthy Pregnancy Education (control) group. More than one‐third of participants were at risk for depression at baseline. MOMs participants were less likely than control group participants to be at risk for depression at follow‐up. Between baseline and 6 weeks postpartum, MOMs participants experienced a significant decline in depressive symptoms; control participants experienced a marginally significant decline. For MOMs participants, most of this decline occurred during the pregnancy intervention period, a time when no change occurred for control participants. The change in depressive symptoms during this period was greater among MOMs than control participants (“intervention effect”). From baseline to postpartum, there was a significant intervention effect among non‐English‐speaking women only. These findings provide evidence that a community‐planned, culturally tailored healthy lifestyle intervention led by community health workers can reduce depressive symptoms among pregnant, Spanish‐speaking Latinas.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/116981/1/ajcp9523.pd