· 3/14/2007
In Re Upton
Citations
- 363 B.R. 528
- 2007 Bankr. LEXIS 813
- 2007 WL 809784
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- using schedules I and J to determine projected disposable income, but subtracting from that calculation certain income specifically excluded from the calculation of current monthly income in § 101(10A)
- stating that “if a debtor’s Schedules I and J indicate the net monthly income after excluding any [Social Security income] is less than the proposed plan payment, the [Social Security income] may still be considered by the Court under 11 U.S.C. § 1325(a)(6
- “taking a plain meaning approach which results in strict adherence to Form B22C would be contrary to the structure and purpose of the Bankruptcy Code as a whole and would lead to absurd results”
- “Consideration of benefits received under the Social Security Act is inappropriate for determining ‘projected disposable income.’ ”
- consideration of benefits received under the Social Security Act is inappropriate for determining projected disposable income
- a debtor’s SSI should not be considered when determining whether she has contributed all of her PDI
Source: CourtListener parenthetical corpus (CC0).
Judges: C. Kathryn Preston
Read full opinion on CourtListenerSourced 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.