By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...
Critical Case Comment: In re Mains
Print This Article
Link to Post:
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 . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
A Lasting Impact: My Participation in the Tom Vaughn Memorial Internship Program
An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years
Five More Things Debtors Should Know About the SBRA – Part VIII
What, Exactly, Is the Trustee’s Percentage Fee
Happy Thanksgiving
Critical Case Comment–Who is Responsible to Address Eligibility Questions?
What the FICO? Reaffirming Doesn’t Help My Credit Score?
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021
Why Address Formatting Is So Important for Jurisdiction