By John Gustafson, Chapter 13 Trustee, Toledo, Ohio
V. Excluded Social Security Income And Good Faith.
The courts are split on the issue of whether a bankruptcy court may consider an above-median-income debtor's decision to not commit available Social Security benefits to unsecured creditors in the good-faith analysis under 11 U.S.C. § 1325(a) (3).
A. No Good Faith Issue Excluding Social Security Income.
Some court have held that because Congress has specifically excluded consideration of Social Security income, the fact that it is not . . .
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