Critical Case Comment

Critical Case Comment – In re Cranmer, 2010 WL 2680940 (Bankr. D. Utah June 29, 2010) (Thurman)

In re Cranmer, 2010 WL 2680940 (Bankr. D. Utah June 29, 2010) (Thurman)

While Social Security Income is not included to determine a debtor’s disposable income, Social Security Income is included in determining a debtor’s projected disposable income.

Summary of the Case

The debtor proposed a Chapter 13 plan, dedicating what he asserted was all of his projected disposable income. In calculating his disposable income, the debtor did not include his or his non-filing . . .

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In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

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