Legal Opinion · Dissent

Adinolfi v. Meyer (In Re Adinolfi)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 19, 2016No. BAP EC-15-1091-JuFD; Bk. 14-12645Published

1Dissent

Jury, Bankruptcy Judge,

Dissenting:

To answer the narrow question presented to the Panel in this appeal, the majority, applying its version of statutory construction, has swept a broad, inclusive brush across the landscape of exclusions from current monthly-income for the purposes of a chapter 13 means test analysis. As highlighted by the majority’s recitation of the myriad of benefit programs “provided by” the Social Security Act (SSA) — a “sprawling statute ... providing for many benefit programs, some of which, are familiar and others obscure” — this approach would exclude from the monies…

2Cases cited7 opinions

  1. Ross-Tousey v. NearyCourt of Appeals for the Seventh Circuit · 2008
  2. In Re: DAVID C. WELSH and SHARON N. WELSHCourt of Appeals for the Ninth Circuit · 2013
  3. In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
  4. In re: Robert A. Alexander and Gloria J. AlexanderUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  5. DeHart v. Baden (In Re Baden)United States Bankruptcy Court, M.D. Pennsylvania · 2008

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