Legal Opinion

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. 14-12645PublishedCited by 11 opinions

1Opinion of the Court

OPINION

FARIS, Bankruptcy Judge:

INTRODUCTION

Debtor Nancy Adinolfi appeals from the bankruptcy court’s order denying the confirmation of her chapter 131 plan. A chapter 13 debtor.,.whose, income exceeds the applicable median must devote all of her “projected disposable income” to the payment of her unsecured creditors. The statute excludes “benefits received under the Social Security Act” from “disposable income.” The Debtor argues that Adoption Assistance payments she receives are “benefits received under the Social Security Act,” but the bankruptcy court ruled to the contrary. We hold that…

2Cases cited20 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Eugenio CRUZ, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
  3. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  4. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  5. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986

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3Cited by11 opinions

  1. In re ManzoDistrict Court, N.D. Illinois · 2017
  2. In re DiazUnited States Bankruptcy Court, W.D. Texas · 2018
  3. In re HiteUnited States Bankruptcy Court, W.D. Virginia · 2016
  4. Garske v. Arcadia Financial, Ltd. (In Re Garske)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. In re: Donald Steven ParksUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019

6 more not listed; retrieve them via the Exa API.

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