By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...
Critical Case Comment
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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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