Railroad Act annuity counts as income in bankruptcy 
Published: November 19, 2012
Tags: annuity, CHAPTER 13, projected disposable income, Railroad Retirement Act
A Chapter 13 debtor could not exclude a Railroad Retirement Act annuity when calculating his “projected disposable income,” the 9th Circuit has ruled in reversing judgment.
Social Security benefits aren’t ‘income’ for debtor
Published: November 1, 2012
Tags: CHAPTER 13, disposable income, projected disposable income, Social Security
A couple’s monthly Social Security benefits should not be included in the projected disposable income calculation for their Chapter 13 plan, the 5th Circuit has ruled.
Chapter 13 debtor entitled to vehicle expense
By:
Pat Murphy
Published: October 22, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, projected disposable income
A Chapter 13 debtor who had no loan or lease payments was still entitled to deductions for expenses associated with his vehicles, the 1st Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
BANKRUPTCY
By:
Pat Murphy
Published: June 7, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, projected disposable income
A Chapter 13 debtor’s “disposable income” was not necessarily confined to what she earned during the six months preceding the filing of her bankruptcy petition.
See “Court adopts ‘forward-looking’ bankruptcy test”
U.S. Supreme Court. Hamilton v. Lanning, No. 08-998. June
» Continue Reading.
Court adopts ‘forward-looking’ bankruptcy test
By:
Pat Murphy
Published: June 7, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, projected disposable income
A Chapter 13 debtor’s “disposable income” was not necessarily confined to what she earned during the six months preceding the filing of her bankruptcy petition, the U.S. Supreme Court has ruled.
BANKRUPTCY
By:
Pat Murphy
Published: April 20, 2010
Tags: BACPCA, Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13, means testing, projected disposable income
Can an “above-median” debtor take an ownership cost deduction for a car he owns free and clear?
See “Is Chapter 13 debtor entitled to vehicle deduction?”
Ransom v. MBNA, No. 09-907. Certiorari granted: April 19, 2010. Ruling below:
» Continue Reading.
Is Chapter 13 debtor entitled to vehicle deduction?
By:
Pat Murphy
Published: April 19, 2010
Tags: BACPCA, Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13, means testing, projected disposable income
The U.S. Supreme Court has agreed to decide whether an “above-median” debtor is entitled to an ownership cost deduction for a vehicle that he owns free and clear.
Supreme Court hears bankruptcy debt case
By:
Kimberly Atkins
Published: March 22, 2010
Tags: CHAPTER 13, projected disposable income, unsecured creditors
WASHINGTON – The U.S. Supreme Court is set to decide how some bankruptcy payment plans are calculated.
Solicitor General supports cert in Chapter 13 case
By:
Reni Gertner
Published: November 1, 2009
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13, projected disposable income, Supreme Court
The Solicitor General has filed an invitation brief with the Supreme Court in support of the cert petition in a case that asks what “projected disposable income” means in a Chapter 13 bankruptcy case.
