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

By John Gustafson, Chapter 13 Trustee, Toledo, Ohio

VI. Putting Social Security Income Into The Plan Voluntarily.

A. Is It Ado Annie’s ‘All Or Nothing’, Or Is A Partial Commitment OK?

Chapter 13 trustees have made the argument in several cases that Social Security income is either all in, or all out – and therefore a Chapter 13 plan relying partially on Social Security is not feasible. This argument has not been well received by the courts.

As the court stated in Bartelini:

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