Type: Amicus brief
Date: October 11, 2012
Description: Whether social security income is included in “projected disposable income.”
Result: Judgment affirmed March 25, 2013 – debtor won
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Drummond v. Welsh, No. 12-60009 (9th Cir.)
Posted by NCBRC - November 26th, 2012
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In re Mort Ranta, No. 12-2017 (4th Cir.)
Posted by NCBRC - October 17th, 2012
Type: Amicus
Date: October 16, 2012
Description: Whether social security income is included in projected disposable income.
Result: Vacated and remanded, July 1, 2013 -
Anderson v. Cranmer, No. 12-4002 (10th Cir.)
Posted by NCBRC - June 18th, 2012
Type: Amicus
Date: June 12, 2012
Description: Whether social security income should be excluded from calculation of projected disposable income.
Result: Judgment affirmed, October 24, 2012 -
Beaulieu v. Ragos, No. 11-31046 (5th Cir.)
Posted by NCBRC - April 2nd, 2012
Type: Amicus
Date: March 27, 2012
Description: Whether social security income may be considered in good faith analysis or for purposes of confirming plan over objection of trustee.
Result: Judgment affirmed. Debtor won. -
Washington v. Reding, No. 09-0579 (M.D. Ala.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: October 29, 2009
Description: Whether unemployment compensation is excluded from CMI as social security benefit.
Result: Affirmed. Debtor lost.
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HAVEN Act Guide
The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.
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Thank you to the following organizations without whose support our work would not be possible.
American College of Bankruptcy
The American College of Bankruptcy is an honorary public service association of bankruptcy and insolvency professionals who are invited to join as Fellows based on a proven record of the highest standards of professionalism plus service to the profession and their communities. Together with its affiliated Foundation, the College is the largest financial supporter of bankruptcy and insolvency-related pro bono legal service programs in the United States.NACBA
The only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA has more than 3,000 members located in all 50 states and Puerto Rico.O. Max Gardner Foundation, Inc.
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