Beaulieu, Jr. v. Ragos, et al, No. 11-31046 (5th Cir. 2012)
Annotate this CaseDebtors voluntarily filed a joint Chapter 13 bankruptcy petition. At issue was whether social security benefits were included in a debtor's projected disposable income in the formulation of a Chapter 13 plan and the calculation of the future payments the debtor would be required to make to creditors. Because including social security income in projected disposable income would violate both the Bankruptcy Code and the Social Security Act, 42 U.S.C. 407, the court held that social security benefits were not included in a debtor's projected disposable income. The court also held that retention of exempt social security benefits alone was legally insufficient to support a finding of bad faith under the Bankruptcy Code. Accordingly, the court affirmed the judgment.
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