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Tag Archives: social security
Social Security and Bankruptcy
Social Security income in bankruptcy should be a well-settled issue now in bankruptcy court. Â Social Security benefits do not count as income. Â Several US Circuit Courts of Appeals have held that the debtor does not have to use Social Security income to pay creditors during a chapter 13 plan. Â Social Security income does not count as “projected disposable income”. I have filed several chapter 7 cases even though the debtor’s actual budget shows that he or she could make payments to creditors. Â I have not received any objections until recently in one case. Â The US Trustee claimed that the ability to pay was a basis to contest in a chapter 7 even though the ability was based on social security. Â Ultimately, the US Trustee withdrew its motion to dismiss. Â There remains a possibility the US Trustee could object in a future case. Â There have been no rulings in the…
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