In re Ragos, the Fifth Circuit Court of Appeals held that a Chapter 13 debtor’s Social Security income is not included in the debtor’s projected disposable income. Since Congress excluded Social Security income from “current monthly income” in Code § 101(10A) and “disposable income” in Code § 1325(b)(2), the court reasoned, it made little sense to circumvent that prohibition by…
Archives for 2012
The 10th Circuit EXCLUDES Social Security Income from Disposable Income
In a decision that conflicts with a recent Western District of Michigan Bankruptcy Court, the 10th U.S. Circuit Court of Appeals ruled in Anderson v. Cranmer , 2012 WL 5235365 (10th Cir. 10/24/12) determined that Social Security income is not included in a debtor’s “disposable income.” Because it is not included in “disposable income” it…
What can you do about your defaulted student loans?
I am amazed at some of the numbers I see in student loan debt. And – to a person – the school never told the “then” student what to expect for a payment post graduation. Criminal negligence in my mind. All justified with mega structures and more building. Cooley Law School is the biggest law…
Scam Alert: Strong Arm Collection Tactics Relating to Pay Day Loan and Cash Advance Companies in Saginaw, Bay and Midland County
Don’t get tricked by the latest scam developed by unscrupulous shills for the pay day loan and cash advance scum bags. Here is the set up: 2 men and one woman – who poses as a receptionist. Everything is done via cell phone – none of the numbers can be traced. You get a call…
What does it take to get your Student Loan discharged through Bankruptcy in Michigan?
“Undue hardship” is the standard that CHAPTER 7 & CHAPTER 13 BANKRUPTCY Judges must determine in order to discharge your STUDENT LOANS. Here are some examples of cases where debtors were sucessful and unsuccessful: A 50 year old STUDENT LOAN BORROWER who was earning only $8.50 and hour as a telemarketer was granted a discharge where the…
Is Social Security Income Included in Disposable Monthly Income?
The most recent amendments to the Bankruptcy Code (the 2005 Bankruptcy Abuse Prevention and Consumers Protection Act) has kept the Federal Circuit Courts and Bankruptcy Court busy – while leaving practitioners and Trustees at odds over certain critical issues including whether Social Security Income should be included in your budget (Schedule I). In Baud, the…
6th Circuit Court of Appeals upholds the Michigan Exemptions!
In an unexpected decision, the 6th Circuit Court of Appeals upheld Michigan’s exemption law that was enacted shortly after the 2005 Amendments to the US Bankruptcy Code. The case is In re Schafer and was recommended for full-text publication. The State Exemption allowances now allow Michigan residents a viable alternative to the Federal Bankruptcy Exemptions….