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

By John Gustafson, Chapter 13 Trustee, Toledo, Ohio

IX. An Anti-Debtor Consequence Flowing From The Pro-Debtor Exclusion Of Social Security Benefits: Everything Else Is Part Of Current Monthly Income.

A.        §101(10A) (B)’s Exclusions Stamp Out The Old Exemption

Arguments.

Prior to the passage of BAPCPA, there was a significant minority of courts that – to some extent – allowed exemptions to reduce or eliminate disposable income, relying on the language of Section 522(c).  See In re Berger, 61 F.3d 624 (8th Cir . . .

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