Fink v. Thompson (In Re Thompson)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that debtors' exclusion of Social Security benefits as source of payment under Chapter 13 plan could not be considered in good-faith analysis
• holding that debtors’ exclusion of Social Security benefits as source of payment under Chapter 13 plan could not be considered in good-faith analysis
• holding that debtors’ exclusion of Social Security benefits as source of payment under Chapter 13 plan could not be considered in good-faith analysis
• holding that debtors’ exclusion of Social Security benefits as source of payment under Chapter 13 plan could not be considered in good-faith analysis
• “Standing alone, the Debtors’ retention of Social Security income is insufficient to warrant a finding of bad faith under § 1325(a)(3).” (internal quotation marks omitted)
• considering exclusion of Social Security payments from “plan payments as part of the good faith analysis would improperly render section 1325(b)’s ability to pay test meaningless[;]” debtor’s retention of Social Security income not per se bad faith

Source: CourtListener parenthetical corpus (CC0).