[CNYBBA-LISTSERV] Big win for debtors Judge Gerling issues Rotundadecision

Mary Fangio mary at fangiolaw.com
Wed Sep 6 08:04:30 CDT 2006


I am not sure that this is that much different from past practice
anyway.  If an excess income was due to Social Security payments the
Trustee's Office did not pursue those debtors in any case.

Mary

-----Original Message-----
From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On
Behalf Of Peter A Orville
Sent: Tuesday, September 05, 2006 10:28 AM
To: Central New York Bankruptcy Bar Association; cnybba at cnybba.org
Subject: [CNYBBA-LISTSERV] Big win for debtors Judge Gerling issues
Rotundadecision


Judge Gerling has issued his decision in Rotunda (06-60054).  He decided
that the means test controls, not I & J to determine "projected
disposable income". especially if I includes social security income. 


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