· 11/7/2007
In Re Barfknecht
Citations
- 378 B.R. 154
- 58 Collier Bankr. Cas. 2d 1927
- 2007 Bankr. LEXIS 4129
- 2007 WL 3376134
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting an interpretation of the good faith standard when the “proposed reading of the good faith standard would swallow up these other explicit statutory treatments, effectively rendering them nullities”
- non-inclusion of social security income without more cannot constitute abuse of the bankruptcy process
- express exclusion of SSI from income inhibits a court from considering the income and surplus derived from the SSI as part of the good faith analysis
- a debtor’s retention of Social Security income, while 13 paying creditors less than 100 percent, is not evidence of bad 14 faith; the Code specifically allows exclusion of Social Security 15 income from disposable income calculation
Source: CourtListener parenthetical corpus (CC0).
Judges: Leif M. Clark
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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