In re Moriarty

MEMORANDUM OPINION

Rebecca B. Connelly, U.S. Bankruptcy Judge

The matter before the Court is the motion for summary judgment by the debtor, Ms. Julia Elizabeth Moriarty. Although styled as a motion for summary judgment, based on the parties’ joint stipulation of facts1 and their representations at the hearing, the Court construes Ms. Moriarty’s motion as one for partial summary judgment regarding whether the Court may consider Social Security income for purposes of the totality of the circumstances test under Bankruptcy Code section 707(b)(3)(B). According to the facts and argument in the…