Social Security and Chapter 13 – Can’t We All Just Get Along? • NACTT Academy

Social Security and Chapter 13 – Can’t We All Just Get Along?

By Academy Staff

More than 12 years after its enactment, BAPCPA continues to confuse and confound. Could § 362(c)(3) be any more convoluted? Why did Congress define “disposable income” yet continue to require payment of “projected disposable income”? Who thought that hanging paragraphs were a good idea?

One vexing provision deals with treatment of Social Security Income (“SSI”) in Chapter 13. Section 101(10A) which defines Current Monthly Income (“CMI” -which we all know is not “current”, “monthly” or “income”) has special provisions dealing with Social Security. One commentator has argued that nothing in the text of . . .

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In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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