Legal Opinion
In Re Barfknecht
United States Bankruptcy Court, W.D. Texas
Decided November 7, 2007No. 00-51952PublishedCited by 24 opinions
1Opinion of the Court
Decision on Trustee’s Objections to Debtors’ Plan Confirmation
LEIF M. CLARK, Bankruptcy Judge.
CAME ON for hearing on September 20, 2007 the confirmation of the two foregoing chapter 13 plans. At issue is whether Social Security benefits (including supplemental security income benefits for a disabled person) must be included when calculating a below-median income debtor’s projected disposable income for purposes of section 1325(b) of Title 11. If it does not, the next question is whether the benefits should be included anyway, on grounds that not including it constitutes bad faith under…
2Cases cited31 opinions
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Meese v. KeeneSupreme Court of the United States · 1987
- Miller v. AlbrightSupreme Court of the United States · 1998
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
- In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
26 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
- Anderson v. Cranmer (In Re Cranmer)Court of Appeals for the Tenth Circuit · 2012
- In Re WilliamsUnited States Bankruptcy Court, D. Colorado · 2008
- In re: David C. Welsh and Sharon N. WelshUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Fink v. Thompson (In Re Thompson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
19 more not listed; retrieve them via the Exa API.