By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...
Critical Case Comment – In re Westing, 2010 WL 2774829 (Bankr. D. Idaho July 13, 2010) (Myers)
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In re Westing, 2010 WL 2774829 (Bankr. D. Idaho July 13, 2010) (Myers)
Even though Social Security income is not counted in the calculation of debtors’ Current Monthly Income, failure of debtors to commit the income they have available, including Social Security income, to fund their Chapter 13 plan precludes confirmation of the plan on the grounds of a lack of good faith.
Summary of the Case
The debtors calculated their Current Monthly Income at $5,300 . . .
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