Critical Case Comment

Two recent cases broadly interpret the exclusion in § 101(10A) for “benefits received under the Social Security Act”.

Case Summary

The two cases, one from the Bankruptcy Court in Virginia, and the other from the Ninth Circuit Bankruptcy Appellate Panel, involve different benefits paid to the Debtor but ultimately reached the same conclusion that the benefits are excluded from the calculation of Current Monthly Income even though neither of the Debtors received any benefits directly from the Social Security Administration. In Adinolfi v. Meyeri, the Debtor received benefits under the Adoption . . .

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