Critical Case Comment – In re Westing, 2010 WL 2774829 (Bankr. D. Idaho July 13, 2010) (Myers)

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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