Critical Case Comment: In re Mains

By Kevin R. Anderson, Chapter 13 Trustee District of Utah

In re Mains, 2012 WL 612006 (W.D. Mich Feb. 24 2012) (Jonker)

While Social Security income is statutorily excluded from the objective test of disposable income under §1325(b), its exclusion from a Chapter 13 repayment plan is a factor the bankruptcy court may consider as part of the subjective good faith test of §1325(a).

Case Summary

In a below-median case, Schedules I & J showed after-tax income of $6,300—including $2,900 in Social Security income—and expenses . . .

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