By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Anderson v Cranmer (In re Cranmer), 2012 WL 5235365 (10th Cir, October 24, 2012) (Murphy)
Failure of a Chapter 13 debtor to include and commit Social Security income in calculating projected disposable income does not constitute bad faith.
Case Summary
Cranmer was an above-median income debtor who filed a Chapter 13 petition in 2010. In calculating the amount he would have to pay to unsecured creditors, Mr. Cranmer recognized the fact that he was receiving Social Security income (“SSI”) but did not include . . .
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Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Anderson v Cranmer (In re Cranmer), 2012 WL 5235365 (10th Cir, October 24, 2012) (Murphy)
Failure of a Chapter 13 debtor to include and commit Social Security income in calculating projected disposable income does not constitute bad faith.
Case Summary
Cranmer was an above-median income debtor who filed a Chapter 13 petition in 2010. In calculating the amount he would have to pay to unsecured creditors, Mr. Cranmer recognized the fact that he was receiving Social Security income (“SSI”) but did not include . . .
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