Social Security Benefits Under §101(10A) (B): Excluded Means What?©

Social Security Benefits Under §101(10A) (B): Excluded Means What?© – Part III

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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