In Re Hagel
United States Bankruptcy Court, D. Montana
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
In this Chapter 13 case the Chapter 13 Trustee (“Trustee”) has objected to confirmation of the Debtors’ Chapter 13 Plan on the grounds it fails to satisfy the “disposable income” test of 11 U.S.C. § 1325(b)(1)(B) by failing to include $914 per month in exempt social security disability income when determining the amount of payments to be made under the Plan. 1 The Debtors respond that the objection must be overruled as a matter of law since the social security disability income is exempt and thus cannot be disposable income. The objection is sustained…
2Cases cited7 opinions
- Warren v. Taff (In Re Taff)United States Bankruptcy Court, D. Connecticut · 1981
- In Re SchnabelUnited States Bankruptcy Court, N.D. Illinois · 1993
- In the Matter of Richard L. Kochell, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
- In Re TomassoUnited States Bankruptcy Court, S.D. California · 1989
- NCNB Financial Services, Inc. v. ShumateDistrict Court, W.D. Virginia · 1993
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3Cited by21 opinions
- Hagel v. Drummond (In Re Hagel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re MinorUnited States Bankruptcy Court, E.D. Tennessee · 1995
- Gaertner v. Claude (In Re Claude)United States Bankruptcy Court, W.D. Pennsylvania · 1997
- Solomon v. Cosby (In re Solomon)Court of Appeals for the Fourth Circuit · 1995
- In Re FerrettiUnited States Bankruptcy Court, S.D. Florida. · 1996
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