Critical Case Comment

by Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

Beaulieu v. Ragos (In re Ragos), --- F.3d ----, 2012 WL 5292949 (C.A.5 (La.)) (Davis).

The Bankruptcy Code excludes Social Security benefits from the calculation of current monthly income, disposable income, and projected disposable income; and it cannot be bad faith to exclude such benefits from the repayment of unsecured creditors through a Chapter 13 plan.

Case Summary

Above-median debtors sought to retain $1,654 per month in Social Security benefits while paying less than 100% to unsecured creditors.  The trustee objected . . .

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