Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

Anderson v Cranmer (In re Cranmer), 2012 WL 5235365 (10th Cir, October 24, 2012) (Murphy)

Failure of a Chapter 13 debtor to include and commit Social Security income in calculating projected disposable income does not constitute bad faith.

Case Summary

Cranmer was an above-median income debtor who filed a Chapter 13 petition in 2010. In calculating the amount he would have to pay to unsecured creditors, Mr. Cranmer recognized the fact that he was receiving Social Security income (“SSI”) but did not include . . .

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