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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.