Legal Opinion

Dana Smith

United States Bankruptcy Court, S.D. Illinois

Decided September 30, 2025No. 24-60108Unknown

1Opinion

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS IN RE: Chapter 13 DANA SMITH, Case No. 24-60108 Debtor(s). OPINION This matter is before the Court on the Trustee’s Objection to Confirmation of Debtor’s Second Amended Plan. This case raises the issue of what payments by a non-filing spouse are excludable from current monthly income under

11 U.S.C. § 101

(10A)(B). Specifically, the Chapter 13 Trustee objects to the exclusion of payments made by the non-filing spouse toward a debt relief program. The exclusion affects the calculation of disposable income and the…

2Cases cited7 opinions

Smith v. United StatesSupreme Court of the United States · 1993
Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
Hamilton v. LanningSupreme Court of the United States · 2010
In re ToxvardUnited States Bankruptcy Court, D. Colorado · 2013
In Re ShahanUnited States Bankruptcy Court, D. Kansas · 2007

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