- 11 U.S.C.
In re Winkles
Jul
06
2010
Ruling
Unemployment compensation funds are not SSA payments and must be included in current monthly income calculation.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(2). The sole issue was whether unemployment compensation benefits received from the State of Illinois prior to filing bankruptcy were benefits received under the Social Security Act (SSA) and therefore excluded from the current monthly income calculation under 11 U.S.C.S. § 101(10A)(B).
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Court
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