Legal Opinion
In re Brah
United States Bankruptcy Court, E.D. Wisconsin
Decided January 25, 2017No. Case No. 16-27291-svkPublishedCited by 5 opinions
1Opinion of the Court
DECISION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO CONFIRMATION
Susan V. Kelley, Chief U.S.Bankruptcy Judge
The issue is whether veterans’ disability benefits (“VA Benefits”) must be included in a debtor’s disposable income for payment to creditors under a Chapter 13 plan. The Debtors filed a Chapter 13 petition on July 20, 2016. The Trustee objected to confirmation under 11 U.S.C. § 1325(b)(1)(B), contending that the Debtors’ plan .does not dedicate all disposable income to the unsecured creditors. The Debtors argue that their disposable income does not include VA Benefits received by one of…
2Cases cited11 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
- In Re SchnabelUnited States Bankruptcy Court, N.D. Illinois · 1993
- Watters v. McRobertsDistrict Court, S.D. Illinois · 1994
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3Cited by5 opinions
- In re BullockUnited States Bankruptcy Court, S.D. Illinois · 2019
- Ortiz-Peredo v. ViegelahnDistrict Court, W.D. Texas · 2018
- In re SjogrenUnited States Bankruptcy Court, D. Massachusetts · 2017
- Daniel McGuire and Rita McGuireUnited States Bankruptcy Court, N.D. New York · 2022
- Eric A OlsonUnited States Bankruptcy Court, N.D. New York · 2023