Social Security and Chapter 13 – Can’t We All Just Get Along?

By Academy Staff

More than 12 years after its enactment, BAPCPA continues to confuse and confound. Could § 362(c)(3) be any more convoluted? Why did Congress define “disposable income” yet continue to require payment of “projected disposable income”? Who thought that hanging paragraphs were a good idea?

One vexing provision deals with treatment of Social Security Income (“SSI”) in Chapter 13. Section 101(10A) which defines Current Monthly Income (“CMI” -which we all know is not “current”, “monthly” or “income”) has special provisions dealing with Social Security. One commentator has argued that nothing in the text of . . .

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