The Untouchables – Starring Social Security Income

In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included a multi-pronged analysis that the plan was not proposed in good faith.ii

The Debtors filed their petition for relief under Chapter 13 in June of . . .

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Sirody & Ruben Bankruptcy Center, LLC

Nicole P. Novak is an attorney with the Sirody & Ruben Bankruptcy Center in Baltimore, Maryland. She is licensed to practice law in Maryland (2018) and Ohio (2006). Ms. Novak has worked for debtors, creditors, and trustees. Her current practice focuses on debtor representation with an emphasis on Chapter 13. Ms. Novak graduated magna cum laude from Cleveland State University College of Law. When practicing in Ohio, Ms. Novak actively volunteered on committees for the Bankruptcy Section of the Cleveland Metropolitan Bar Association and served as co-chair for The William J. O’Neill Great Lakes Regional Bankruptcy Institute. She serves as contributor to the Maryland section of the Bankruptcy Exemption Manual published by Thomson West and is a frequent author for the NACTT Academy. Ms. Novak is a current member of the National Association of Chapter 13 Trustees, the NACTT Academy, the National Association of Consumer Bankruptcy Attorneys, the Maryland State Bar Association and Consumer Bankruptcy Section, and the Maryland Bankruptcy Bar Association.

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