Snappy Answers to Questionable Arguments

By John P. Gustafson, Judge, United States Bankruptcy Court, Northern District of Ohio, Western Division of Ohio (Toledo)

Chapter 13 Staff Attorney or Trustee: Your Honor, the trustee moves to deny confirmation based upon the Debtor’s failing to put all of her disposable income into the Plan.

Debtor’s Counsel: The Trustee is counting income that is exempt, your Honor. I clearly claimed the exemption in Debtor’s unemployment – it is 100% exempt under state law, and is not property of the estate, therefore shouldn’t be counted as income that has to . . .

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