- 11 U.S.C.
In re Nance
May
21
2010
Ruling
Unemployment compensation required to be included in current monthly income calculation.
Procedural posture
This matter came before the court on the Chapter 13 Trustee's Amended Objection to Confirmation of Debtors' Amended Plan.
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Court
:
- 11 U.S.C.
In re Olguin
Apr
29
2010
Ruling
Social security benefits contributed to household by non-debtor grandparents needed to be included in calculation of current monthly income.
Procedural posture
Before the court was the Standing Chapter 13 Trustee's Objection to Confirmation of debtors' chapter 13 Plan.
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Court
:
- 11 U.S.C.
In re Scholl
Mar
31
2010
Ruling
Railroad Retirement Act benefits should not be included in current monthly income calculation.
Procedural posture
Before the court was an objection by the chapter 13 trustee to confirmation of a chapter 13 plan filed by debtors.
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Court
:
- 11 U.S.C.
In re Kucharz
Oct
28
2009
Ruling
Unemployment compensation received in six months prior to petition date should be treated as regular monthly income.
Procedural posture
The chapter 7 debtor disclosed that he had received unemployment compensation totaling $ 1,230 during the six-month period preceding the bankruptcy filing, but claims it as a benefit under the Social Security Act (SSA) that need not need to be included in the calculation of his current monthly income (CMI) on Official Bankr. Form. 22C. The chapter 13 trustee filed an objection, asserting the compensation must be listed as CMI.
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Court
:
- 11 U.S.C.
In re Dunford
Jul
21
2009
Ruling
Chapter 13 debtor granted extension of time to file forms and schedules.
Procedural posture
Debtor, an individual who became unemployed one month before filing chapter 13, moved per 11 U.S.C.S. § 101(10A)(ii) and 11 U.S.C.S. § 521(a)(1)(B)(ii) for orders waiving the requirement that she file Schedule I within the statutorily-mandated time period, delaying the deadline for filing of Official Bankr. Form 22C, and setting an alternative date for a determination of her current monthly income (CMI). The chapter 13 trustee sought dismissal.
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Court
:
- 11 U.S.C.
In re Cruz
Aug
11
2008
Ruling
Bonus received within six months prior to petition date had to be included in calculation of current monthly income.
Procedural posture
The chapter 13 trustee objected to confirmation on the ground that the debtors' plan failed to devote all projected disposable income over the applicable commitment period as required by 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
Simon v. Zittel
Mar
19
2008
Ruling
Withdrawals from debtors' retirement accounts within six months of petition date were not "income."
Procedural posture
A trustee objected, pursuant to 11 U.S.C.S. § 1325(b)(1)(B), to confirmation of the debtors' proposed chapter 13 plans.
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Court
:
- 11 U.S.C.
In re Montgomery
Mar
04
2008
Ruling
Debtors allowed redetermination of current monthly income after obtaining lower paying jobs.
Procedural posture
The debtors filed a motion to strike Schedule I and to determine their currently monthly income.
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Court
:
- 11 U.S.C.
In re Charles
Sep
18
2007
Ruling
Contributions of non-debtor spouse limited to actual household expenses paid for debtor's benefit so that no step up in payments was required once spouse paid off auto loan.
Procedural posture
A debtor filed for relief under chapter 13 and submitted a proposed plan. A chapter 13 trustee objected to confirmation of the plan on the grounds that the debtor was not applying all of her projected disposable income for the first three years of the plan, in contravention of 11 U.S.C. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Sanchez
Jul
13
2006
Ruling
Court sustained trustee's motion to deny confirmation since 401(k) disbursements should have been included in calculating monthly income.
Procedural posture
Movant trustee filed a motion to deny confirmation of respondent debtors'chapter 13 plans.
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Court
: