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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I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

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By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan ($100 for 36 months is NOT $4,936.87 no matter how many times it is repeated); saying “the Trustee is right” distinctly in open...

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The Academy

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Character Counts

Merideth Akers

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From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

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From the Editor – Claims

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Ask Ms. Ps and Qs

Nancy B. Rapoport

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Recent Cases Navigate Retirement Account Exemptions

Karen Jolley

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The Academy

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Critical Case Comment

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