- 11 U.S.C.
Balcom, In re
Nov
05
2021
Ruling
Social Security benefits paid to debtors' grandson were properly excluded from debtor'scurrent monthly income as none of the benefits that the debtors' daughter received on behalfof her child were paid directly to the debtors. (Bankr. D. Idaho)
Issue(s)
Definitions; “Current Monthly Income”.
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Court
:
- 11 U.S.C.
Isaacs, In re--DeHart v. Isaacs
Aug
26
2019
Ruling
Payments under the Adoption Assistance and Child Welfare Act of 1980 were benefitsreceived under the Social Security Act and were excludable from current monthly income,disposable income and projected disposable income calculations. (Bankr. M.D. Pa.)
Issue(s)
Definitions; “Current Monthly Income”; Amounts Paid For Debtor by Another
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:
- 11 U.S.C.
Novak, In re
Mar
23
2017
Ruling
Unemployment benefits that debtor received had to be included in the debtor's current monthly income calculation as the unemployment benefits were not benefits received under the Social Security Act. (Bankr. D.N.M.)
Issue(s)
Definitions; “Current Monthly Income”.
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Court
:
- 11 U.S.C.
In re Reinhart
Sep
29
2016
Ruling
Employer reimbursements are income that must be included in current monthly incomecalculation. (Bankr. E.D. Wis.)
Issue(s)
How, if at all, employment-related reimbursements are factored into the debtor's current monthly income (CMI).
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Court
:
- 11 U.S.C.
In re Perez
Jun
03
2016
Ruling
Debtor was not required to include non-monetary compensation in current monthly income calculation.
Issue(s)
Whether debtor must include value of nonmonetary compensation in current monthly income calculation?
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Court
:
- 11 U.S.C.
Adinolfi v. Meyer (In re Adinolfi)
Jan
19
2016
Ruling
Adoption assistance payments are "benefits received under the Social Security Act" and covered by the exclusion from current monthly income.
Issue(s)
Whether the bankruptcy court erred when it held that Adoption Assistance payments received by the chapter 13 debtor were not "benefits received under the Social Security Act" within the meaning of 11 U.S.C.S. § 101(10A)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Gentry
Dec
19
2011
Ruling
Confirmation denied due to failure to include unemployment compensation in current monthly income calculation.
Procedural posture
The chapter 13 trustee objected to the debtors' proposed plan. The parties disputed whether the debtors, a married couple, had to include unemployment compensation in their calculation of "current monthly income" (CMI) on Form 22C.
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Court
:
- 11 U.S.C.
In re Cruz
Oct
07
2010
Ruling
Auxiliary Social Security benefits received by debtors' children and used for education were excluded from the estate and not a basis to prevent confirmation.
Procedural posture
This case was before the court upon the Chapter 13 Trustee's motion objecting to the confirmation of debtors' Chapter 13 plan based upon the allegedly excessive educational expenses for debtors' two children.
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Court
:
- 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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:
- 11 U.S.C.
In re Bartelini
Jun
02
2010
Ruling
Social Security income properly excluded from debtor's income calculations.
Procedural posture
Debtors filed separate petitions under chapter 13, and a trustee was appointed to administer their bankruptcy estates. The trustee filed objections to plans the debtors proposed for repaying their creditors, claiming that the plans could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because the debtors had not committed all of their projected disposable income to repay debts they owed to unsecured creditors.
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