11 U.S.C. § 101

Section 101 defines debt as liability on a claim, which requires a right to payment under state law.

Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P. · filed 2013-04-30(12)

We hold that a court has the authority to determine whether a transaction creates a debt or an equity interest for purposes of § 548, and that a transaction creates a debt if it creates a “right to payment” under state law.

Section 101 defines debt as liability on a claim, which includes a right to payment even if the amount is unmatured or unfixed.

Rhodes v. United States (In re Rhodes) · filed 2013-05-06(5)(A), (12)

The statutory definitions of “debt” and “claim” focus on the nature and source of the debt (federal income tax liability), not the mechanism to determine the debt (assessment versus return). Under these definitions, a debtor has a “debt” when a right to payment accrues, regardless of how or when the extent of the debtor’s liability becomes fixed or due.

Section 101 defines debt as liability on a claim, including a contingent right to payment, so a debt can arise before bankruptcy even if judgment comes later.

Ogden v. Chorches · filed 2013-05-28(5)(A), (12)

The Bankruptcy Code defines “debt” to mean “liability on a claim.” 11 U.S.C. § 101(12). A “claim,” in turn, is a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” Id. § 101(5)(A). ... Accordingly, for purposes of § 553(a), Bolin’s claim against Ogden accrued before it entered bankruptcy, and Ogden’s obligation is therefore a pre-petition debt.

Section 101(12) defines debt as liability on a claim, which exists when a right to payment accrues even if the amount has not been assessed.

Briggs v. United States (In re Briggs) · filed 2014-06-10(12)

Debt is defined as “liability on a claim.” 11 U.S.C. § 101(12). Claim is broadly defined to include “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 105(5)(A). Thus, the “debt” exists whenever a right to payment accrues.

Section 101(12) defines debt to include liability on a claim that survives discharge as an in rem claim against property.

In re Wimmer · filed 2014-06-30(12)

First, nothing in § 101(12) indicates that “liability” is the same as the “personal liability” of the debtor.

Section 101 defines a debt as liability on a claim and includes a right to payment reduced to judgment within the definition of a claim.

Fox v. Crowgey (In re Crowgey) · filed 2014-09-24(5)(A), (12)

The Bankruptcy Code defines a “debt” as “liability on a claim.” 11 U.S.C. § 101(12). A “claim” is defined as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliqui-dated, fixed, contingent, matured, unma-tured, disputed, legal, equitable, secured, or unsecured[.]” 11 U.S.C. § 101(5)(A). Plaintiff’s Oklahoma State Court judgment falls under the definition of a “debt” under the Bankruptcy Code.

Section 101(12) defines a debt as a liability on a claim; the two terms are synonymous in the Bankruptcy Code.

Pennsylvania State Employees' Retirement System v. Thomas (In re Thomas) · filed 2015-05-01(12)

Of course, the term “debt” as used in the Bankruptcy Code is synonymous to the term “claim” because the Bankruptcy Code defines the term “debt” as a “liability on a claim.” See 11 U.S.C. § 101(12).

Section 101(12) treats an unpaid obligation to remit a former spouse’s share of retirement pay as a debt when the failure to pay gives rise to a claim, even if the amount is unliquidated.

Walls v. Hicks (In re Hicks) · filed 2015-05-22(12)

The Bankruptcy Code defines “debt” as “liability on a claim.” ... Defendant owes a debt to the Plaintiff for the 10% arrears he failed to pay before filing this bankruptcy case.

Section 101(12) defines a debt as liability on a claim; without a valid claim, there is no debt to except from discharge.

Piotrowski v. Boulard (In re Boulard) · filed 2015-07-20(12)

Because Piotrowski has not established the preliminary element under § 523(a)(6), i.e., that she is owed a debt by the Debtor, there is no debt to except from discharge. ... Section 101(12) of the Bankruptcy Code defines "debt” as meaning "liability on a claim.” 11 U.S.C. § 101(12).

Section 101(12) defines debt as liability on a claim, so postpetition condominium fees treated as debts are claims.

In re Felipe · filed 2016-04-22(12)

Because " ‘debt’ means liability on a claim,” 11 U.S.C. § 101(12), such fees must be "claims.”

Sections 101(5) and (12) include restitution arising from a criminal proceeding within the Code’s definition of debt.

In re Sinclair · filed 2016-09-07(5), (12)

Additionally^ restitution originating from a criminal proceeding is a “debt” within the terminology of the Code. 11 U.S.C. §§ 101(5), (12).

Section 101(12A)'s definition of a debt relief agency can cover a law firm whose personnel provide bankruptcy assistance.

Anderson v. Saxton (In re Anderson) · filed 2016-11-22(12A)

Her evidence also demonstrates that Daniel Saxton, Kirk Martells, Jeff Lalo, and Natasha Bascus all engaged in conduct that would qualify them as Debt Relief Agencies, leading to the reasonable conclusion that the J. Freeman Law Firm operated as a Debt Relief Agency.

A true overdraft is a debt when the bank’s payment legally obligates the account holder to repay it.

Sarachek v. Luana Savings Bank · filed 2017-06-15(12)

See also 11 U.S.C. § 101(12) (“The term ‘debt’ means liability on a claim.”). ... When Luana allowed provisional settlements of checks to become final, even though those settlements contributed to a true overdraft, Luana paid overdrafts for Agriprocessors. Luana thus made an unsecured loan and/or extension of credit to Agriprocessors. As a result, Agriprocessors was legally obligated to Luana for the amount of the overdrafts. The true overdrafts were debt.

Section 101(12) treats liability on an unliquidated, contingent claim as a debt even before the amount is determined.

Berg v. Social Security Administration (In re Berg) · filed 2017-06-15(12)

Next, the SSA must owe a prepetition debt to Berg. A debt is liability on a claim. 11 U.S.C. § 101(12). The SSA owed a pre-petition debt to Berg under her 2014 disability application. While the amount of the debt was not liquidated until the determination in July 2014, there was nonetheless a debt because there was a right to payment on an unliquidated, contingent claim when she filed the application in March 2014.

Section 101(12) defines debt as liability on a claim; a debtor's monthly rent expense is not a debt under that definition.

In re Hernandez · filed 2018-06-18(12)

Comparing the plain meaning of 'debt' and 'rent,' this Court finds that rent is not a liability on a claim and thereby cannot be a debt.

Section 101 defines a debt as liability on a claim and a claim as a right to payment; an enforceable spousal support obligation fits those definitions.

Nathan v. Libra (In re Libra) · filed 2018-05-09(5)(A), (12)

Thus, spousal support is a legally recognized debt as defined by the Code. "Debt" is defined as "liability on a claim." 11 U.S.C. § 101(12). "Claim" in turn is defined as "right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, unsecured[.]" 11 U.S.C. § 101(5)(A).

Section 101 defines a debt as liability on a claim and a claim as a right to payment; the debt at issue here was the right to payment under the judgments, rather than purely equitable relief.

Hof v. Caswell (In re Caswell) · filed 2018-07-02(5)(A), (12)

The "debt" sought to be excepted from discharge in this adversary proceeding is solely the right to payment awarded by the judgments, rather than any purely equitable relief.

A transaction can create a debt under § 101(12) when it gives the other party a right to payment, even if state law does not classify it as a loan.

Gecker v. LG Funding, LLC (In re Hill) · filed 2018-08-15(12)

Further, the Bankruptcy Code defines a debt as a liability on a claim. 11 U.S.C. § 101(12). ... LG Funding does not argue that it had no right to payment, and, in fact, argues the opposite-- that it had the right to debit Network Salon's account under the Agreements. Thus, while New York law does not define the Agreements as loans, the transactions created a debt that Network Salon owed to LG Funding.

Section 101 defines a debt as liability on a claim, making the plan’s allowed claims liabilities.

In re RFC & Rescap Liquidating Trust Action · filed 2018-08-15(5)(A), (12)

And, significantly, this final judgment set forth the Allowed Claims, which are, by definition, liabilities.

Section 101 treats a right to payment as a claim even if it is contingent or unliquidated, and defines debt as liability on a claim.

Berg v. SSA · filed 2018-08-17(5)(A), (12)

Under the Bankruptcy Code, it does not matter if that right to payment is “reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” The claim, and therefore the debt, accrue as soon as there is a right to benefits, a date determined in this instance by the Social Security Act itself.

Section 101(12) defines debt as liability on a claim, including liability on a claim disallowed against the bankruptcy estate.

Olson v. Aspire Res. Inc. (In re Olson) · filed 2018-10-26(12)

"Debt" is defined broadly under the bankruptcy code and constitutes a "liability on a claim." 11 U.S.C. § 101(12). The term debt encompasses liabilities on allowed and disallowed claims.

Under § 101(5) and (12), an obligation to arbitrate is neither a claim nor a debt because it is not a right to payment or an equitable remedy for breach of performance.

VERIZON WIRELESS PERSONAL COMMUNICATIONS, LP v. BATEMAN · filed 2019-02-08(5), (12)

Furthermore, a bankruptcy discharge does not extinguish the arbitration provision in the Customer Agreement because the obligation to arbitrate is not a "debt" or "claim" as defined by the Bankruptcy Code. See 11 U.S.C. § 101(5), (12). It is not a right to payment or a right to an equitable remedy for breach of performance.

Section 101(12) defines a debt as liability on a claim; without liability, there is no debt.

Premier Network Solutions, Inc. v. McCarty · filed 2019-06-20(12)

A debt exists when there is “liability on a claim.” 11 U.S.C. §101(12). ... The Debtor has no liability on Premier Network’s claim for reimbursement, and there is no debt owed to Premier Network for the hotel charges.

Section 101(12) defines a debt as liability on a claim, so a claim against a debtor’s property does not necessarily create a debt owed by the individual debtor.

Joseph J. Sabatini, Jr. · filed 2019-08-16(12)

The Bankruptcy Code defines "debt" as "liability on a claim,” so it seems that a debt is not the precise equivalent of a claim.

Section 101(12) defines debt as liability on a claim; a nonrecourse claim against property creates no unsecured debt for a debtor who has no personal liability.

Marco C. Rumbin · filed 2019-08-16(12)

When a secured claim is non-recourse, although the lien holder may have a claim against the debtor’s property, as defined by §§ 101(5) and 102(2), the individual debtor, as opposed to his or her property, does not have any liability on the underlying debt and has no unsecured “debt” to the creditor as defined by § 101(12).

Section 101(12) includes an amount owed as a debt even if the debtor has not scheduled it in a definite amount.

Executive Office of Health & Human Services v. Kupperstein · filed 2019-10-24(12)

The amounts owed by Mr. Kupperstein to EOHHS are debts as defined in Code § 101(12) whether scheduled in an amount certain or not.

Section 101 treats a contingent, unliquidated right to payment as a claim and liability on that claim as a debt, even before judgment.

Markut v. Micic · filed 2019-11-14(5)(A), (12)

Plaintiff's contingent claim is a debt nonetheless. Therefore, Plaintiff holds a “debt” as defined under the Bankruptcy Code that may be nondischargeable if it lies within one of the enumerated categories of 11 U.S.C. § 523(a).

Section 101(12) defines debt as liability on a claim, which can exist before payment is due or a default occurs.

Theresa Lynn Kielman · filed 2019-12-16(12)

The term “debt” means liability on a claim. 11 U.S.C. § 101(12). ... While charges related to a default may not be applied until the default occurs, Mr. Kielman assumed the responsibility for those possible debts before his wife filed her bankruptcy petition. Therefore, the liability on the debt owed for the 2018 Jeep Renegade is a pre-petition debt, and section 1305, applicable only to debt that arises after the date of the order for relief, is not applicable in this case.

Section 101 defines a debt as liability on a claim; without a valid claim, there is no debt to except from discharge.

Salzman v. Moll · filed 2019-12-20(12)

A debt is defined in § 101(12) as a “liability on a claim.” ... Thus, as a threshold matter, if Salzman does not hold a valid claim against Moll, meaning Moll owes no debt to Salzman, then Salzman cannot prevail on his claims under §§ 523(a)(2), (a)(4) or (a)(6).

Section 101(12) defines a debt as liability on a claim; without an existing liability, there is no debt to except from discharge.

Palczuk v. Conway · filed 2020-09-25(12)

A review of the definitional section of the Bankruptcy Code establishes that this is so. ... A debt is defined in section 101(12) as a “liability on a claim.” ... Here, however, defendants do not have “debts” representing plaintiffs’ liability on defendants’ claims – to the contrary, that is what defendants undertook, post-discharge, to seek.

Section 101(12) defines a debt as liability on a claim; the court treated liability for the unresolved attorneys’ fees claim as a debt only once determined.

Buchanan v. Parks · filed 2020-09-28(12)

The Bankruptcy Code defines a “debt” as “liability on a claim.” 11 U.S.C. § 101(12). ... These amounts have not been reduced to judgment, thus Defendant’s liability on the claim has not yet been determined and there is not a “debt” the Court can determine is nondischargeable.

Section 101(12)’s definition of debt includes liability on a claim enforceable against property, even after the debtor’s personal liability is discharged.

Michael Porzio · filed 2020-09-22(12)

Thus, the term “‘debt’ includes liability on a ‘claim,’ whether such liability is in personam or in rem.”

Section 101(12) defines a debt as liability on a claim; an undisputed claim can establish that a debtor owes a debt.

Madison Resource Funding Corp. v. Marsh · filed 2021-01-25(12)

Section 101(12) of the Bankruptcy Code defines the term “debt” as “liability on a claim.” The term “claim” means “a right to payment” as further defined in 11 U.S.C. § 101(5)(A). Madison has an undisputed claim against Robert Marsh in the amount of $1,676,162.20 as a result of his conspiracy with Jerry Marsh to defraud Madison.

Section 101(12) defines a debt as liability on a claim, including liability under a money judgment for unjust enrichment.

Harshaw v. Harshaw · filed 2021-02-04(12)

The term “debt” means liability on a claim. ... As such, the Court concludes that the arbitration order created nothing more than a debt owed to Liz by Don.

A fraudulent transfer claim creates a debt distinct from the debt arising from the underlying claim.

SuVicMon Development, Inc. v. Charles Morrison, Sr. · filed 2021-03-25(12)

The Bankruptcy Code defines “debt” as “liability on a claim.” ... Hence, the fraudulent transfer claim gives rise to a debt that is distinct from the predicate debt (here, the securities-fraud judgment), and a finding that the underlying debt is non-dischargeable does not mean that the debt arising from the fraudulent transfer is non-dischargeable.

Section 101(12) defines a debt as liability on a claim; a creditor must establish the debtor’s personal liability under applicable law before that debt can be excepted from discharge.

Lund-Ross Constructors, Inc. v. Buchanan · filed 2021-04-02(12)

A "debt" is a "liability on a claim." 11 U.S.C. § 101(12). ... Because Lund-Ross did not first demonstrate for the bankruptcy court how it could establish a personal debt owed by Debtors under nonbankruptcy law, we, like the bankruptcy court, do not reach the issue of whether such a debt would be nondischargeable under § 523(a)(2)(A).

Section 101(12) defines a debt as liability on a claim; a fully compensated loss leaves no debt based on that loss.

C&L Supply, Inc. v. Morrow · filed 2021-04-13(12)

Pursuant to Section 101(12) of the Bankruptcy Code, a “debt” means a liability on a claim. ... The Court concludes that upon completion of the Kansas Job, C&L was in fact made whole from any damage it suffered as a result of the Checks, and that the Checks do not serve as the basis for a valid claim against Tri-City or the Morrows.

Section 101 defines a debt as liability on a claim and includes a right to payment within the definition of a claim.

Dymarkowski v. Berndt · filed 2021-06-24(5)(A), (12)

However, the Code defines “debt” to mean “liability on a claim,” 11 U.S.C. §101(12), and a “claim” includes a “right to payment[.]” Id. §101(5)(A); Pa. Dep’t of Pub. Welfare v. Davenport, 495 U.S. 552, 559, 110 S.Ct. 2126, 2131, 109 L.Ed.2d 588 (1990)(right to payment means enforceable obligation). ... For these reasons, this court concludes Defendant’s repairs and services gave him a right to payment and was an “antecedent debt.” 11 U.S.C. §548(d)(2)(A).

Section 101 defines a debt as liability on a claim, which generally includes a right to payment.

Madison Resource Funding Corp. v. Marsh · filed 2021-07-21(5), (12)

The Debtors conflate the requirements for establishing a debt under nonbankruptcy law and for determining nondischargeability under bankruptcy law. Section 523(a) refers to “any debt.” 11 U.S.C. §523(a) (emphasis added). In turn, §101(12) defines “debt” as “liability on a claim.” 11 U.S.C. §101(12). Section 101(5) defines “claim” generally as a “right to payment” or a “right to an equitable remedy for breach of performance if such breach gives rise to a right to payment.” 11 U.S.C. §101(5)(A) and (B); ... Minnesota law on damages for fraud is irrelevant here because the Debtors’ state law debts are for breach of contract and vicarious liability due to conspiracy.

Section 101 defines a debt as liability on a claim and a claim as a right to payment; whether an advance creates that right depends on applicable state law.

In re Oakland Physicians Med. Center · filed 2021-09-08(5), (12)

Furthermore, “debt” means “liability on a claim,” 11 U.S.C. § 101(12), M.C.L. § 566.31(e), and a “claim” is a “right to payment.” ... So, we must decide whether Short’s Advances to Debtor were loans or created a “right to payment.”

Section 101 defines a debt as liability on a claim and a claim as a right to payment even if it has not been reduced to judgment.

Nehme v. El Khoury · filed 2021-09-23(5), (12)

The Bankruptcy Code defines “debt” as “liability on a claim.” 11 U.S.C. § 101(12). A “claim” is defined as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured . . . .” 11 U.S.C. § 101(5). ... Therefore, the court is prevented by the discharge from entering judgment holding plaintiff personally liable for discharged debts, here defendants’ counterclaims for liability.

Section 101(12) defines a debt as liability on a claim; a merchant cash advance can create a debt when the funder has a right to payment, even if the transaction is not a loan.

John J Petti and Denise A Petti - Adversary Proceeding · filed 2021-11-02(12)

Further, the Bankruptcy Code defines a debt as a liability on a claim. 11 U.S.C. § 101(12). ... LG Funding does not argue that it had no right to payment, and, in fact, argues the opposite— that it had the right to debit Network Salon’s account under the Agreements. Thus, while New York law does not define the Agreements as loans, the transactions created a debt that Network Salon owed to LG Funding.

Section 101(12) defines a debt as liability on a claim; without an established debt, there is nothing to except from discharge.

Lee v. Line · filed 2022-01-20(12)

A debt is a “liability on a claim.” 11 U.S.C. §101(12). When no debt is owed because no liability on a claim has been established, there is no debt that can be found to be nondischargeable.

Section 101(12) defines a debt as liability on a claim, including an obligation to pay a judgment.

Federal Trade Commission v. Lake · filed 2022-02-22(12)

Here, there can be no doubt that the FTC has a “right to payment” in respect of the FTC Judgment and that Mr. Lake’s obligation to pay the FTC Judgment is a “liability on a claim” and therefore a “debt” as defined in 11 U.S.C. §101(12) and § 523(a)(2)(A).

Section 101(12) defines debt as liability on a claim, including a sufficiently alleged liability arising from fraud.

PIRTEK USA, LLC v. Lager · filed 2022-08-11(12)

The Bankruptcy Code defines debt as “liability on a claim.”28 ... Thus, the Court finds that the Plaintiff’s claim, as set forth in the Complaint, falls within the extremely broad definition of “debt” under § 523(a)(2)(A) as a liability arising from Mr. Lager’s alleged fraud.

Section 101(12) defines a debt as liability on a claim; the claim’s amount need not yet be quantified.

The Danberry Co., Realtors v. Nadeau · filed 2022-09-28(12)

The Bankruptcy Code defines “debt” as “liability on a claim.” 11 U.S.C. § 101(12). At this point, Plaintiff has not quantified this amount, but it has stated a “claim” under applicable non-bankruptcy law.

Section 101(12) defines a debt as liability on a claim; a contractual promise alone does not create a debt.

Reinhart FoodService L.L.C. v. Schlundt · filed 2022-10-27(12)

And, under Section 101(12), a debt exists only when there is liability on a claim.

Section 101(12) defines a debt as liability on a claim, which requires a legal obligation to pay.

Watson v. Larsen-Berryhill · filed 2023-03-20(12)

The term “debt” is defined as “liability on a claim.” 11 U.S.C. § 101(12). ... The debtor must first be obligated by law to pay a creditor for that obligation to be excepted from discharge.

Section 101(12) defines debt as liability on a claim, including associated attorneys’ fees and costs when they arise from a nondischargeable obligation.

Brabson v. Janosik · filed 2023-06-08(12)

“Debt,” as used in section 523, “is defined [by] the [Bankruptcy] Code as ‘liability on a claim,’ a ‘claim’ is defined in turn as a ‘right to payment,’ and a ‘right to payment,’ . . . ’is nothing more nor less than an enforceable obligation.’” ... This Court holds that the State Court Judgment, in its entirety, is nondischargeable pursuant to section 523(a)(4).

Section 101(12) defines debt as liability on a claim, including liability for pain and suffering and medical expenses arising from personal injury.

Helmrich v. Paul · filed 2024-02-28(12)

The Code defines “debt” to mean “liability on a claim.” 11 U.S.C. § 101(12). ... Here, the full amount of the debt owed to the Plaintiff arose from the injuries she sustained as a result of Paul’s intoxicated operation of a motor vehicle. Therefore, the Court finds that the award for past and future pain and suffering, as well as past medical expenses, is debt for personal injury as contemplated by the Bankruptcy Code.

Section 101(12) defines debt as liability on a claim, which includes amounts awarded in a prepetition judgment.

Anderson v. Tatum · filed 2024-04-08(12)

The Bankruptcy Code defines “debt” as simply “liability on a claim”39 and then expansively defines “claim” to include any “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.”40 With this in mind, damages and other amounts awarded against a debtor pursuant to a prepetition judgment easily qualify as “debt” for purposes of § 523.

Section 101 defines a claim as a right to payment and a debt as the corresponding liability, even when the right to payment is disputed or unliquidated.

Williams v. Baptist Health dba Baptist Health Medical Center · filed 2024-05-30(5)(A), (12)

A claim is a right to payment. Debt is the liability to make that payment.

Section 101(12) defines debt as liability on a claim without distinguishing between individual and corporate debtors.

Chicago & Vicinity Laborers' District Council Pension Plan v. R&W Clark Construction, Inc · filed 2024-11-14(12)

The Bankruptcy Code defines “debt” as “liability on a claim.” 11 U.S.C. § 101(12). ... The general term “debt” is not different for individual and corporate debtors, and Congress has enacted separate definitions for certain debts that apply only to individuals.

Section 101(12) defines debt as liability on a claim without distinguishing between individual and corporate debtors.

Benshot, LLC v. 2 Monkey Trading, LLC · filed 2025-07-09(12)

Moving to the next key word “debt,” the Bankruptcy Code does not define debt to distinguish between individual or corporate debtor. “Debt” is defined as a “liability on a claim.” 11 U.S.C. § 101(12).

Section 101(12) defines a debt as liability on a claim, so dischargeability is premature before liability is established.

Golestani v. Schoening · filed 2025-10-10(12)

Here, there is no finding that B Conscious, a non-defendant non-debtor, is liable for the alleged debt. As such, it is premature to address nondischargeabilty here. See 11 U.S.C. § 523(a) (requiring a debt); 11 U.S.C. § 101(12) (“The term ‘debt’ means liability on a claim”); see also FCC v. NextWave Personal Commc’ns, 537 U.S. 293, 302 (2003) (explaining that “debt” as used in the Bankruptcy Code means liability on a claim, and claim means “enforceable obligation”).

Section 101(12) defines debt as liability on a claim, including enforceable monetary sanctions even when the underlying case has not reached final judgment.

Prasla · filed 2026-03-30(12)

A “debt” under the Bankruptcy Code is simply “liability on a claim.” 11 U.S.C. § 101(12). The sanctions awards constitute enforceable monetary liabilities regardless of whether the underlying state court action had proceeded to final judgment at the time of the bankruptcy filing.

A tax liability remains a debt when the IRS designates the account currently not collectible, because that designation does not eliminate the right to payment.

In re Richard W. Piland, Jr. · filed 2026-04-30(5)(A)

Notwithstanding the IRS’s administrative notation used on the transcripts, the underlying tax liability remains a valid legal obligation of the taxpayer and constitutes a debt. A “debt” is defined under the Bankruptcy Code as a “liability on a claim.” 11 U.S.C. § 101(12). A “claim” is a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” Id. § 101(5)(A). Notably absent from the definition of “claim” is any reference to collectibility or enforceability.

Section 101(12) includes criminal restitution obligations within the definition of debt.

Transamerica Premier Insurance v. Chaplin (In Re Chaplin) · filed 1995-03-06(12)

It is well established that restitution obligations are debts. The United States Supreme Court in Pennsylvania Dept. of Public Welfare v. Davenport, 495 U.S. 552, 110 S.Ct. 2126, 109 L.Ed.2d 588 (1990), declared that restitution obligations are “debts” within the meaning of § 101 of the Bankruptcy Code.

Section 101(12) defines a debt as liability on a claim.

Geisler v. Pansegrau (In Re Pansegrau) · filed 1995-03-08(12)

Section 523(a) eliminates dischargeability only upon a ‘debt.’ The Bankruptcy Code defines ‘debt’ as liability on a claim. 11 U.S.C. § 101(12). Therefore, to be successful under § 523(a), Plaintiff must demonstrate that Defendant Donald Pansegrau is liable on his claim for fraud, breach of fiduciary duty, or willful and malicious injury.

Section 101(4) does not treat state-ordered criminal restitution imposed as part of a sentence as a bankruptcy debt.

Cancel v. City of Schenectady (In Re Cancel) · filed 1988-05-02(4)

In concluding that state-ordered criminal restitution payments are not debts within the meaning of § 101(4), this court is not troubled by what was referred to by the Second Circuit Court of Appeals as the “anomalous result” that the holder of a right to restitution would thereby have no right to participate in receiving a distribution from the bankruptcy estate.

A debt arises when the debtor has a legal obligation to pay based on a property interest in the consideration exchanged.

Whittaker v. BancOhio National Bank (In Re Lamons) · filed 1990-09-25(11)

A debt is defined in Title 11 as “liability on a claim.” 11 U.S.C. § 101(11). A claim, in turn, means a “right to payment, whether or not such right is ... fixed, contingent,” or “matured.” 11 U.S.C. § 101(4). Neither of those definitions define when a debt is incurred. When read together with the various case holdings, however, the conclusion is inescapable that a debt is not incurred until a debtor has a legal obligation to pay, based upon a “property interest in the consideration exchanged.”

Section 101(12) defines a debt as liability on a claim, and section 101(5)(A) defines a claim as a right to payment even if it has not been reduced to judgment.

Sophos v. Hibbs (In re Hibbs) · filed 1993-10-26(12)

The Code defines debt to mean liability on a claim. 11 U.S.C. § 101(12). Claim means a right to payment, whether or not such right is reduced to judgment. ... The Court grants plaintiff Sophos summary adjudication on this element.

Section 101 defines a debt as liability on a claim and defines claim broadly enough to include a right to payment for noncompensatory damages.

Federal Deposit Insurance Corp. v. Roberti (In Re Roberti) · filed 1996-10-10(5), (12)

This court is persuaded by those which except noncompensatory damages from dis-chargeability under § 523(a)(2)(A). ... the Supreme Court determined that “ ‘debt,’ which is defined under the Code as ‘liability on a claim,’ 11 U.S.C. § 101(12) (1988 ed., Supp. Ill) has a meaning coextensive with that of ‘claim’ as defined in § 101(5).”

Section 101(12) defines a debt as liability on a claim.

In Re Brown · filed 2000-07-12(12)

However, “debt” means liability on a claim. 11 U.S.C. § 101(12). The Supreme Court has instructed that the terms “claim” and “debt,” as used throughout the Code, should be considered coextensive.

Section 101 defines debt and claim broadly enough to include a divorce decree obligation to pay a third-party creditor that is enforceable by a former spouse.

Howard v. Howard · filed 2011-04-21(5), (12)

Debt is defined in 11 U.S.C. § 101(12) (2007) as "liability on a claim." [32] And a claim is basically defined as a "right to payment" or a "right to an equitable remedy for breach of performance if such breach gives rise to a right to payment" under 11 U.S.C. § 101(5) (2007). [33] So, despite the language specifying a debt to a present or former spouse, the broad definition of debt has been interpreted to encompass divorce decree-imposed obligations to a former spouse to make payments on a loan from a third party.

Section 101 defines a debt as liability on a claim and a claim as a right to payment.

Badalov v. Buzhunashvili · filed 2025-02-06(5)(A), (12)

A “debt” is “liability on a claim,” and a “claim” is a “right to payment.” 11 U.S.C. § 101(5)(A), (12). Thus, a plaintiff must have a pre-existing right to payment from a debtor before the debt can be declared nondischargeable.

Section 101 defines a debt as liability on a claim and includes contingent or disputed rights to payment within the definition of a claim.

James Patyrak and N.Y. Thymes & Deli, Inc. v. Director, Division of Taxation · filed 2025-05-08(5)(A), (12)

The court is unpersuaded by Taxation’s argument. A “debt” is defined as a “liability on a claim.” 11 U.S.C. § 101(12). A “claim” is defined as “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A).

Section 101 does not define rent, so the court may use the applicable state-law definition when calculating a claim.

In Re Vanzandt · filed 2004-04-02

11 U.S.C. section 101, setting forth definitions for certain terms used in title 11, does not define the term "rent.”

Section 101 does not define the parameters of “surrender.”

In Re Cornejo · filed 2005-02-08

The Code, pursuant to 11 U.S.C. § 101, does not define the parameters of the term surrender.

Section 101 does not define “estate” or “property of the estate.”

Webster v. Management Network Group, Inc. (In Re Nettel Corp.) · filed 2006-11-22

Neither "estate” nor "property of the estate” are listed among the defined terms of the Bankruptcy Code found in 11 U.S.C. § 101.

A loan against a debtor’s retirement account is not a debt under § 101(12) when the plan administrator’s only remedy is to offset the unpaid balance against future benefits.

McVay v. Otero · filed 2007-07-23(12)

As discussed above, in considering the definition of “debt” there is no reason to look beyond the plain terms of the Bankruptcy Code and § 101(12)’s definition of “debt.” ... The Court agrees with the numerous courts that have applied this definition to a loan drawn on a debtor’s retirement plan and determined that such a loan is not a “debt” under the Bankruptcy Code.

Section 101 defines a claim as a right to payment and a debt as liability on a claim; a loan against a qualified retirement account is not a debt when the plan administrator has no right to payment.

In Re Mowris · filed 2008-03-17(5), (12)

The Bankruptcy Code defines “debt” as a “liability on a claim,” and defines “claim” as a “right to payment.” ... Since such a loan is not a “debt” under the Code in the first place, payments on them cannot be “payments on account of secured debts,” for the means test calculation under § 707(b)(2)(A)(iii).

Section 101 defines a debt as liability on a claim and a claim as a right to payment; a 401(k) loan is not a debt when the plan has no enforceable right to repayment from the borrower.

Bolen v. Adams · filed 2009-03-06(5), (12)

The Bankruptcy Code defines “debt” as a “liability on a claim,” and defines “claim” as a “right to payment.” 11 U.S.C. § 101(12), (5). ... Thus, the obligation lacks the core characteristic of a “debt” — the creditor’s enforceable “right to repayment” against the Debtor — and cannot be included on Line 42 of the Statement of Current Monthly Income and Means Test Calculation.

A retirement plan’s right against a debtor’s retirement account is a claim held by a creditor, making the plan loan a secured debt for means-test purposes.

Kevin Livingston and Freida Livingston · filed 2022-03-29(5), (10)

As applied to retirement loans, generically speaking, (i) the “creditor” is the retirement plan (acting through a plan administrator), (ii) the “claim” is the right against property of the debtor, i.e. the debtor’s 401(k) account, (iii) and that claim is “secured” by the Plan’s right to setoff the loan against a debtor’s retirement account. The repayment of a loan against a 401(k) retirement account, therefore, is a “secured debt” for purposes of the Means Test.

Section 101’s definitions of claim and debt exclude a retirement-account advance repayable only by offset against the debtor’s benefits.

In Re Herndon · filed 2003-03-17

Other courts have followed- this reasoning and determined that an advance from a retirement account does not create a dischargeable debt. ... Based on these authorities, the loan transaction at issue in this case is outside the purview of the automatic stay.

Section 101(33)(B) defines an institution-affiliated party to include a director or officer of an insured credit union.

NAFCO Federal Credit Union v. Lawson (In Re Lawson) · filed 2004-02-10(33)(B)

An “institution-affiliated party” includes “any committee member, director, officer, or employee of, or agent for, an insured credit union.” 11 U.S.C. § 101(33)(B); 12 U.S.C. § 1786(r)(l).

Section 101(10A)(B)(ii)(I) excludes social security income from current monthly income, so it does not count toward disposable income.

Sue P. Rogers · filed 2024-04-11(10A)(B)(ii)(I)

Brunswick contends the services it has rendered are facilitating the Chapter 13 plan by supporting the Debtor’s ability to receive social security income; however, pursuant to 11 U.S.C. § 101(10A)(B)(ii)(I), social security income is excluded from “Current Monthly Income” and does not affect the calculation of “Disposable Income” under 11 U.S.C. § 1325(b)(2).

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so they do not count toward a Chapter 13 debtor’s required plan payment.

In re Ogden · filed 2017-04-26(10A)(B)

Therefore, because Social Security income is excluded from current monthly income, which is in turn used to calculate disposable income and a debtor’s plan payment, Social Security income is not considered when calculating how much a debtor has to pay into his Chapter 13 plan.

Section 101(10A)(B) includes a nonfiling spouse’s regular payments for the debtor’s household expenses in current monthly income.

In re Sturm · filed 2012-09-21(10A)(B)

Section 101(10A)(B), however, generally limits the scope of such income to only those amounts actually paid on a regular basis for the household expenses of the debtor or the debtor’s dependents. In other words, a debtor is only required to include in their ‘current monthly income,’ money paid from a third party, such as a spouse, when the debtor receives a direct and reoccurring benefit from the payment.

Section 101(10A)(B) includes regular third-party payments for household expenses in current monthly income, but excludes a spouse’s payments to repair a former residence for sale when they have no meaningful connection to the debtor’s household.

Bankruptcy Administrator v. Gregory · filed 2012-02-27(10A)(B)

This Court agrees that Ms. Gregory’s husband’s payments were properly excluded from the section 707(b)(2) presumption of abuse analysis because they do not constitute “household expenses.” In enacting the BAPCPA, Congress included within the debtor’s current monthly income “any amount paid by any entity other than the debtor ... on a regular basis for the household expenses of the debtor or the debtor’s dependents ...” 11 U.S.C. § 101(10A)(B).

Section 101(10A)(B) excludes Social Security benefits from current monthly income used to calculate a Chapter 13 debtor’s disposable income.

In re: David C. Welsh and Sharon N. Welsh · filed 2012-02-17(10A)(B)

In any event, it is clear that Social Security income is ... not part of disposable income. Disposable income is calculated starting with “current monthly income,” which in turn excludes ... Social Security income. § 1325(b)(2); § 101(10A)(B).

Section 101(10A) determines which revenue sources count as income, but its six-month prepetition average does not fix projected disposable income for a Chapter 13 plan.

In Re Hardacre · filed 2006-03-06(10A)

This does not mean that section 101(10A)’s definition of current monthly income is irrelevant to the calculation of projected disposable income. Section 101(10A) continues to apply inasmuch as it describes the sources of revenue that constitute income, as well as those that do not.

Section 101(10A)(B) includes a non-filing spouse’s income in a debtor’s current monthly income only to the extent the spouse regularly pays the debtor’s household expenses.

In Re Quarterman · filed 2006-03-28(10A)(B)

Applying the same reasoning as above, it appears that, in a single case, a debtor’s spouse’s income shall be included in the debtor’s current monthly income to the extent that it is paid “on a regular basis for the household expenses of the debtor or the debtor’s dependents.”

Section 101(10A) requires a Chapter 13 debtor to include a nonfiling spouse’s income from the six calendar months before filing when calculating current monthly income.

In Re Beasley · filed 2006-05-08(10A)

As required by 11 U.S.C. § 101(10A), however, Mrs. Beasley’s income was included on Part I of Form B22C where current monthly income is calculated. Because the petition was filed on January 18, 2006, Mrs. Beasley’s income for the six preceding calendar months — July through December, 2005 — was used to calculate her average monthly income.

Section 101(10A) measures current monthly income using the six calendar months before bankruptcy filing, even if the debtor’s income later rises.

In Re Pak · filed 2006-05-18(10A)

“Current monthly income” is defined as “the debtor’s average monthly income for the six calendar months prior to the filing of the bankruptcy case.” See 11 U.S.C. § 101(10A). Because the Debtor was unemployed for most of the six calendar months preceding the filing of his bankruptcy petition, the Debtor’s “current monthly income” does not exceed the California median income and thus he is not subject to the “means test.”

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so a court cannot require a debtor to include them when calculating disposable income.

In Re Schanuth · filed 2006-05-25(10A)(B)

In light of 11 U.S.C. § 101(10A)’s explicit exclusion of social security benefits from the calculation of CMI, however, the Court cannot compel the Debtors to include those benefits in their calculation of disposable income.

Section 101(10A) defines current monthly income as the debtor’s average monthly income for the six months before filing, excluding Social Security benefits.

In Re McGuire · filed 2006-06-01(10A)

“Current monthly income” is the average monthly income of the debtor, excluding certain items such as social security benefits, for the six months prior to the filing of the case.

Section 101(10A)(A)(ii) measures current monthly income over the six-month period ending when the court determines income if the debtor has not filed the required income schedule, allowing postpetition income to be considered.

In Re Clemons · filed 2006-06-01(10A)(A)(ii)

If the statement of “current income” is missing, the court determines “current monthly income” for the six-month period ending on the date of the determination, thereby necessarily taking into account a debtor’s postpetition income.

Section 101(10A)(A) measures current monthly income using income from the six months before the bankruptcy filing.

In Re Alexander · filed 2006-06-30(10A)(A)

What is now considered “disposable” is based upon historical data — current monthly income derived from the six-month period preceding the bankruptcy filing. 11 U.S.C. § § 101(10A), 1325(b)(2).

Section 101(10A)(A) limits current monthly income to income from the applicable six-month period.

Baxter, Barnee v. Johnson (In Re Johnson) · filed 2006-07-21(10A)(A)

Because § 1325(b) treats “current monthly income” (CMI) as the input for determining “disposable income,” debtors are only required to consider income earned during the applicable six-month “look-back” period.

Section 101(10A) defines current monthly income as a historical average, which does not by itself establish projected disposable income under § 1325(b).

In Re Demonica · filed 2006-07-31(10A)

In contrast, disposable income is defined as “current monthly income,” which in turn is defined as the average monthly income derived during the six-month period ending on the last day of the calendar month preceding the date of commencement of the case or the date the current monthly income is determined by the court. 11 U.S.C. § 101(10A) (emphasis added). “Projected disposable income” cannot, under the plain language of the statute, mean the average monthly income preceding the commencement of the case.

Section 101(10A) defines current monthly income as the debtor’s average monthly income for the six calendar months before filing.

In Re Oliver · filed 2006-08-08(10A)

A debtor’s “current monthly income” is “the debtor’s average monthly income for the six calendar months prior to the filing of the bankruptcy case.” See 11 U.S.C. § 101(10A). Since the Debtor is above median income, he is required to complete the expense portion of the MTF.

Section 101(10A) measures when a debtor receives income by when the funds come under the debtor’s control, regardless of when they become taxable.

In Re Wayman · filed 2006-08-16(10A)(A)(i)

Therefore, because her receipt of income as evidenced by the transfer of the IRA to her control was outside the six-month period outlined under § 101(10A)(A)(i), it did not have to be reported on Official Form B22C, nor could it properly have any effect on the Debtor’s effort to confirm her proposed plan.

Section 101(10A) defines current monthly income using the debtor’s average income from the six calendar months before filing, rather than a projection of future income.

In Re Love · filed 2006-08-30(10A)

One may readily see that the term “current monthly income” is something of a misnomer in that it is historical data and not a projection of the amount of income that the debtor may expect to receive in the future. That is, we find how much the debtor was paid during the six calendar months preceding the date of the petition in bankruptcy and divide by six.

Section 101(10A) defines current monthly income using a six-month historical average that may differ from the debtor’s income at filing.

In Re Girodes · filed 2006-09-20(10A)

Section 101(10A) generally defines CMI as “the average monthly income from all sources that the debtor receives ... without regard to whether such income is taxable income, derived during the 6-month period ending on the last day of the calendar month immediately preceding the date of the commencement of the case.” Thus CMI is based on a historical average and may or may not reflect the financial condition of the debtor at the time of filing.

Section 101(10A) excludes Social Security benefits from current monthly income used to calculate a debtor’s disposable income.

In Re Rotunda · filed 2006-09-01(10A)

The statute expressly excludes benefits received under the Social Security Act from CMI. ... It was also Congress’ decision to exclude Social Security benefits from the payment of unsecured creditors’ claims even in a chapter 13 context.

Section 101(10A)(B) includes a non-filing spouse’s income in current monthly income to the extent the spouse regularly contributes to the household expenses of the debtor or the debtor’s dependents.

In Re Travis · filed 2006-11-06(10A)(B)

Thus, while 11 U.S.C. § 101(10A)(A) excludes a non-filing spouse’s income, a non-filing spouse’s income must be accounted for under 11 U.S.C. § 101(10A)(B) to the extent that the non-filing spouse contributes on a regular basis to the household expenses of the debtor and the debtor’s dependents.

Section 101(10A)’s definition of current monthly income governs the income a court predicts for the plan term when assessing projected disposable income.

In Re Pak · filed 2006-12-14(10A)

In determining whether a plan provides all of the debtor’s “projected disposable income,” a court should attempt to predict what the debt- or’s disposable income during the term of the plan will be, using the definition of “current monthly income” set forth in 11 U.S.C. § 101(10A).

Section 101(10A) excludes Social Security Act benefits and certain victim payments from current monthly income, including when Schedule I income is used to project disposable income.

In Re Teixeira · filed 2006-12-21(10A)

The Schedule I income used in this situation shall not include types of income excluded from "current monthly income” by section 101(10A) (Social Security Act benefits and payments to victims of war crimes, crimes against humanity, and terrorism) and section 1325(b)(2) (child support payments, foster care payments, and certain disability payments for a dependant child).

Section 101(10A)(B) excludes Social Security benefits and specified payments to victims of war crimes or terrorism from current monthly income; those exclusions also apply when calculating Chapter 13 projected disposable income.

Kibbe v. Sumski · filed 2007-02-20(10A)(B)

We agree with the bankruptcy court that “projected disposable income” as set forth in § 1325(b)(1)(B) must be grounded in the Debtor’s anticipated income (but we say less the Income Exclusions) during the term of her plan.

Section 101(10A)(B) excludes Social Security benefits from a debtor’s current monthly income.

In Re Ward · filed 2007-01-07(10A)(B)

Section 101(10A), which defines “current monthly income,” expressly excludes social security income from this calculation. ... Accordingly, the Debtor is correct that her social security income is not required to be included in the analysis of whether she is contributing all of her “projected disposable income” to her plan under § 1325(b)(1)(B).

Section 101(10A)(B) excludes Social Security benefits from current monthly income used to calculate projected disposable income.

In Re Devilliers · filed 2007-01-09(10A)(B)

Therefore, this Court holds that social security benefits are excluded from the calculation of projected disposable income under § 1325, but also notes that the exclusion may raise issues as to the deductibility of medical and payroll tax expenses.

Section 101(10A) defines current monthly income using average income from the six months before the month the bankruptcy case was filed.

In Re Carlton · filed 2007-02-28(10A)

The Debtors’ CMI discloses that their average monthly income based on their earnings during the six months before the case filing was $5,582.21. This amount, calculated at Part I of the CMI, is the Debtors’ “current monthly income.” 11 U.S.C. § 101(10A).

Section 101(10A) defines current monthly income as a six-month historical average that may differ from a debtor’s income when the petition is filed.

In Re Edmondson · filed 2007-03-05(10A)

In other words, “current monthly income” is a snapshot of a debtor’s income for the six-month period prior to the filing of his or her bankruptcy petition. It is a misnomer inasmuch as it reports a debtor’s average historical income which may or may not be reflective of a debtor’s actual current monthly income on the petition date.

Section 101(10A) excludes a household member’s earnings from current monthly income unless the member regularly contributes to the debtor’s or dependents’ household expenses.

In Re Jewell · filed 2007-03-16(10A)

A debtor’s income may include rent paid by other members of the household or contributions to the household expenses, but nowhere in the statute or Official Form B22A is it suggested that the debtor’s income includes the income of other members of the household not used on a regular basis for household expenses. Chris did not contribute funds to the household. Clearly, Chris’ income would not be included in the Debtors’ CMI.

Section 101(10A) excludes Social Security Act benefits from current monthly income, so those benefits are not counted toward a Chapter 13 debtor’s projected disposable income.

In Re Upton · filed 2007-03-14(10A)

This Court agrees that consideration of benefits received under the Social Security Act is inappropriate for determining “projected disposable income.” Therefore, in this case, Debtors’ monthly SSI in the amount of $1,013 shall not be included in determining whether they are contributing all of their “projected disposable income” under § 1325(b)(1)(B).

Section 101(10A) defines current monthly income using the debtor’s average income received during the six months before the bankruptcy filing.

In Re Pfeifer · filed 2007-03-28(10A)

Congress defined the term “current monthly income” (“CMI”), as set forth in § 1325(b)(2) at § 101(10A) as the average monthly income from all sources, with some exceptions, that the debtor receives during the 6-month period ending on the last day of the calendar month immediately preceding the date of the commencement of debtor’s bankruptcy case.

Section 101(10A) defines current monthly income using a six-month prepetition income average, which may differ from the debtor’s actual income when filing.

In Re Kolb · filed 2007-03-30(10A)

Although it is true that CMI does not reflect a debtor’s actual income at the time of the bankruptcy filing, it represents, by the definition’s plain language, the policy judgment of Congress of how income should be determined in the context of chapter 13 after BAPCPA.

Section 101(10A) bases current monthly income on historical income, so later changes in circumstances do not change that calculation.

In Re Anderson · filed 2007-04-13(10A)

Under BAPCPA, current monthly income cannot be amended during the case because it is based on concrete, historical data.

Section 101(10A) defines current monthly income as income received during the six months before filing; redeeming a prepetition certificate of deposit does not create income.

In Re Breeding · filed 2007-05-14(10A)

Current monthly income is now defined as the monthly average income the debtor or joint debtors received from all sources for the six-month period ending on the last day of the calendar month immediately preceding the filing of the case. ... The Court declines to decide the issue of whether the “additional income” concept has survived BAPCPA and is applicable to above-median income debtors because the Court concludes that the redemption of the certificates of deposit did not generate income of any kind.

Section 101(10A) permits a marital adjustment for a non-filing spouse’s spending on recreation, loan repayments, and support of an adult child because those amounts are not contributed to the debtor’s household expenses.

In Re Shahan · filed 2007-04-23(10A)(B)

Therefore, the Court today holds that while the recreation expenditures, loan repayments, and support of an adult child by the non-filing spouse are not deductible as other necessary expenses on Line 59, they are allowable as further marital adjustments under § 101(10A) and are therefore appropriate marital deductions from CMI on Line 19.

Section 101(10A) measures current monthly income using a historical six-month average rather than anticipated future increases.

In Re Frederickson · filed 2007-05-16(10A)

Current monthly income is determined historically. Specifically, the debtor is required to determine a figure based on the average of his monthly income from all sources for the six month period prior to his or her filing.

Section 101(10A)(B) includes another person’s regular contributions in current monthly income only to the extent they support the debtor or the debtor’s dependents.

In Re Ellringer · filed 2007-06-20(10A)(B)

To the extent that Pamela’s contributions were used to support the debtor or the debtor’s dependents, the debtor must include them in her current monthly income. The remainder of the contributions are excluded because Pamela is not a dependent of the debtor and the statute does not require the inclusion of income from a third-party that is used to support a non-dependent.

Section 101(10A)(B) excludes unemployment compensation from current monthly income as a benefit received under the Social Security Act.

In Re Munger · filed 2007-06-21(10A)(B)

Based on canons of statutory construction and the Sorrell decision, this Court holds that unemployment compensation does constitute a “benefit received under the Social Security Act” for purposes of calculating CMI under 11 U.S.C. § 101(10A) and thus was properly excluded from the calculation of CMI.

Section 101(10A) defines current monthly income as gross income, without deducting business or personal expenses.

In Re Arnold · filed 2007-07-03(10A)

This section defines gross income, not net income, as current monthly income — nothing in 11 U.S.C. § 101(10A) indicates that expenses, whether business or personal, may be deducted in determining current monthly income.

Section 101(10A) defines current monthly income using historical income from the six months before bankruptcy and provides a starting point for projecting Chapter 13 income.

In Re Arsenault · filed 2007-07-03(10A)

“Current monthly income” is defined in new section 101(10A), which was added by the Bankruptcy Abuse Prevention Consumer Protection Act of 2005 (“BAPC-PA”), as a debtor’s average monthly income for the six-month period preceding bankruptcy. Therefore, current monthly income — and in turn disposable income under section 1325(b)(2) — is simply a compilation of a debtor’s historical income data.

Section 101(10A)(B) includes a non-filing spouse’s income in current monthly income only to the extent it is regularly contributed to household expenses.

Stapleton v. Baldino (Baldino) · filed 2007-06-14(10A)(B)

The Court finds the above statutory definition means that a non-filing spouse’s income is included in current monthly income only in the amount that is regularly contributed to household expenses.

Section 101(10A) requires debtors to use their actual earnings from the six months before filing to calculate current monthly income on their initial means test form.

In Re Martin · filed 2007-07-16(10A)

Because the Debtors filed their case in October, 2006, they were required to use their actual earnings for the period of April through September, 2006, to calculate their current monthly income on their original CMI.

Section 101(10A)(B) includes a nondebtor spouse’s regular contributions to the debtor’s household expenses in the debtor’s current monthly income.

In Re Lightsey · filed 2007-07-26(10A)(B)

I conclude' that BAPCPA’s definition of CMI includes the amounts a non-debtor spouse regularly contributes to a debtor’s household expenses. The non-debtor spouse regularly contributing to those household expenses is such an “entity” whose contributions constitute CMI.

Section 101(10A) defines current monthly income using income from the six months before the bankruptcy filing, subject to specified exclusions.

In Re Austin · filed 2007-08-07(10A)

The term “current monthly income” (“CMI”) however, is defined as “the average monthly income from all sources”— other than Social Security and certain other income — that a debtor earned during the six months prior to filing a bankruptcy petition.

Section 101(10A)’s income exclusions apply when projecting disposable income, but its prepetition averaging method does not.

In Re Briscoe · filed 2007-09-04(10A)

.Obviously, I cannot follow the methodology of § 101(10A) insofar as that provision mandates the calculation of an average' figure based on pre-petition data; it is in this respect that the phrase "projected disposable income” differs from "disposable income.” But the criteria used to determine that portion of the debtor’s gross income subject to the disposable income requirement retains its full force.

Section 101(10A)(B) excludes Social Security benefits and certain victim payments from income used to calculate a Chapter 13 debtor’s projected disposable income.

In Re McCarty · filed 2007-09-28(10A)(B)

In order to give meaning to (1) the word “projected” and (2) the new definition of “disposable income,” this Court finds that “projected disposable income” under § 1325(b)(1)(B) must reflect all of the income that debtors anticipate receiving over the applicable commitment period minus any Disposable Income Exclusions.

Section 101(10A)(B) includes a nonfiling spouse’s income when it is regularly paid toward the debtor’s household expenses, even if the debtor does not receive it.

In Re Barnes · filed 2007-10-26(10A)(B)

However, 11 U.S.C. § 101(10A)(B) indicates that a non-filing spouse’s income is included, regardless of a debtor’s receipt of such income, if the income is paid on a “regular basis” for debt- or’s “household expenses.”

Section 101(10A)(B) excludes Social Security benefits from current monthly income when calculating a Chapter 13 debtor’s projected disposable income.

In Re Barfknecht · filed 2007-11-07(10A)(B)

From the plain language of these two definitions, it is clear that neither disposable income nor current monthly income (or “CMI”) includes any benefits received under the Social Security Act by a consumer debtor in a bankruptcy case.

Section 101 does not define “projected disposable income.”

In Re Ross · filed 2007-09-13

The phrase “projected disposable income,” however, is not defined by § 1325 nor is it one of the defined terms in 11 U.S.C. § 101.

Section 101(10A) defines current monthly income using income received during the six-month period ending before the month of filing.

In Re Witek · filed 2007-11-29(10A)

It may thus be stated that a determination of a debtor’s CMI is historical in outlook, becoming fixed at the time bankruptcy relief is sought and being comprised of the debtor’s actual monthly income during the six months prior.

Section 101(10A)(B) excludes social security benefits and payments to victims of war crimes, crimes against humanity, and terrorism from current monthly income.

In Re Hughey · filed 2007-12-14(10A)(B)

“Current monthly income” excludes social security benefits, payments to victims of war crimes, crimes against humanity, and terrorism. 11 U.S.C. § lOl(lOAXB). ... As stipulated by the parties here, the Debtor’s gross income on Schedule “I” is $4,440.00 and there is no indication that Debtor’s Schedule “I” income includes payments from any sources excluded from current monthly income under § 101(10A)(B).

Section 101(10A) bases current monthly income on average prepetition income over six months, including certain household contributions and excluding specified payments.

In Re Petro · filed 2008-01-23(10A)

CMI is based on a debtor’s average prepetition income for the six months prior to filing, includes certain household contributions to income, and contains limited statutory exclusions. CMI may or may not reflect a debtor’s present income.

Section 101(10A) includes regularly received VA benefits in current monthly income even when those benefits are exempt under federal or state law.

In Re Waters · filed 2008-01-24(10A)

Accordingly, exempt VA benefits are properly included in the calculation of a debtor’s current monthly income pursuant to § 101(10A), and, therefore, are to be included when calculating the extent to which the Debtor has disposable income to fund a Chapter 13 plan — regardless of the exempt status of those benefits under federal or State law.

Section 101(10A) defines current monthly income using average monthly income from the six months ending before the filing month.

In Re Miller · filed 2008-01-29(10A)

Current monthly income is defined as “the average monthly income from all sources that the debtor receives ... without regard to whether such income is taxable income, derived during the 6-month period ending on ... the last day of the calendar month immediately preceding the date of the commencement of the case....” 11 U.S.C. § 101(10A). In other words, in each of the cases before the Court, the debtors were required to figure their respective disposable incomes by averaging their monthly income for the six months preceding the filing of their bankruptcy petitions.

Section 101(10A) defines current monthly income as average monthly income during the six months before the bankruptcy petition.

Mancl v. Chatterton (In Re Mancl) · filed 2008-02-12(10A)

“Current monthly income,” defined in greater detail at § 101(10A), means average monthly income in the six months pre-petition.

Section 101(10A)(B) includes a spouse’s regular payments for the debtor’s household expenses in the debtor’s current monthly income.

Lynch v. Parrish · filed 2008-02-14(10A)(B)

Pursuant to 11 U.S.C. § 101(10A)(B), debtor’s income “includes any amount paid by any entity other than the debtor ... on a regular basis for the household expenses of the debtor.” Therefore, debtor’s husband’s gross income is imputed to debtor to begin the current monthly income calculation.

Section 101(10A) defines current monthly income as income from all sources, subject to limited exceptions, averaged over the six months before filing.

In Re Liverman · filed 2008-03-05(10A)

“Current monthly income” (“CMI”), defined in 11 U.S.C. § 101(10A), requires a determination of the debtors’ income from all sources, with limited exceptions, averaged over the 6 month period immediately prior to the debtors’ filing.

Section 101(10A) defines current monthly income as income from all sources averaged over the six months before filing; tax refunds are excluded because they return excess payroll withholding.

In Re Spraggins · filed 2008-04-11(10A)

“Current monthly income” means the average monthly income from all sources that the debtor receives regardless whether the income is taxable. 11 U.S.C. § 101(10A). ... Tax refunds are not income, rather tax refunds are the product of overpayment of payroll taxes.

Section 101(10A)(A)(I) defines current monthly income using income received during the six months ending on the last day of the calendar month before the bankruptcy filing.

In Re Lipford · filed 2008-04-17(10A)(A)(I)

Thus, "disposable income” is calculated historically, during the six months prior to bankruptcy. ... In this case, the applicable six month period extends from December 1, 2006 to May 31, 2007.

Section 101(10A) excludes Social Security benefits from current monthly income when calculating projected disposable income.

In Re Orawsky · filed 2008-05-02(10A)

Thus, on the income side of the equation, the court must honor the income exclusions found in 11 U.S.C. § 101(10A) (e.g., Social Security benefits) and § 1325(b)(2) (e.g., certain child support payments).

Section 101(10A) defines current monthly income as income received during the six calendar months before the filing month, divided by six.

In Re Kelton · filed 2008-05-13(10A)

This income calculation instruction follows the statutory definition of “current monthly income” (“CMI”) which is calculated by adding up all income of the debtor over the last six months, starting with the last whole month prior to filing, and dividing by six.

Section 101(10A)(B) includes regular payments by another person for a debtor’s household expenses in current monthly income, including payments on a secured debt the debtor deducts as an expense.

In Re Quigley · filed 2008-06-20(10A)(B)

In this court’s view, however, if the Debtor takes a deduction from her current monthly income for a secured debt that she is contractually required to pay, but for which a non-debtor party is making the payments, then the Debtor must also include the amount of the third party payments in her calculation of current monthly income.

Section 101(10A)(B) excludes Social Security benefits from current monthly income.

In Re Davis · filed 2008-07-22(10A)(B)

Current monthly income also includes contributions to household expenses made in some instances by non-debtor parties, but expressly excludes social security benefits received by the debt- or. 11 U.S.C. § 101(10A)(B).

Section 101(10A) includes a 401(k) disbursement received during the six-month period before filing in current monthly income.

In Re DeThample · filed 2008-07-24(10A)

While the arguments found in Simon and Wayman are persuasive, this Court reads § 101(10A) to include every dime a debtor gets during the relevant period except for those amounts specifically excluded by § 101(10A)(B), like Social Security benefits. What these debtors received from the 401(k) was a derived gain.

Voluntary withdrawals from retirement savings are not current monthly income under § 101(10A).

In Re Marti · filed 2008-08-04(10A)

“Current monthly income” is defined by 11 U.S.C. § 101(10A) generally as the average monthly income from all sources that the debtor receives in the six months prior to filing. ... Thus, Debtor’s voluntary withdrawals from retirement savings are simply not income.

Section 101(10A) defines current monthly income using the average monthly income received during the six months before filing; Schedule I figures alone do not establish that amount.

In Re Seeburger · filed 2008-08-08(10A)

Debtors’ Schedule I and amended Schedule I do not require the calculation set forth in § 101(10A) and so do not alone provide evidence of Debtors’ statutory current monthly income.

Section 101(10A) excludes voluntary IRA distributions from current monthly income because withdrawing an existing asset does not mean receiving income again.

Zahn v. Fink (In Re Zahn) · filed 2008-08-14(10A)

A debtor does not “receive” income when he takes a voluntary distribution from an IRA because the IRA already belongs to the debtor.

Section 101(10A) excludes voluntary IRA distributions from current monthly income because withdrawing an existing asset does not mean receiving income.

Zahn v. Fink · filed 2008-08-14(10A)

A debtor does not “receive” income when he takes a voluntary distribution from an IRA because the IRA already belongs to the debtor.

Section 101(10A) includes a self-employed debtor’s gross business income without deducting business expenses, but includes a non-filing spouse’s income only to the extent it is regularly used for the debtor’s household expenses.

In Re Sharp · filed 2008-08-21(10A)

Although a debtor’s non-filing spouse’s income during the six-month pre-filing period must be disclosed at Part I of the B22C, the portion of such spouse’s income which is not used on a regular basis for the household expenses of a debtor or debtor’s dependents may be subtracted at line 19 of Part III in accordance with the statutory definition of “current monthly income”. ... Having reviewed the statutory language at issue and considered the relevant precedent, this Court finds that the calculation of current monthly income on the B22C form requires the inclusion of the gross business income of a self-employed debtor without the allowance of deductions for business expenses.

Section 101(10A) includes regular VA disability payments used for household expenses in a debtor’s current monthly income.

In Re Hedge · filed 2008-09-17(10A)

In the present matter, the VA disability payments qualify as “current monthly income” to the Hedges. The payments, made by the United States government, are paid by an entity as that term is defined in § 101(15). The payments are received on a regular basis and are presumed to be used for the purpose of helping with the Hedges’ household expenses. Finally, these payments are not specifically excluded from disposable income are defined by statute. Accordingly, the VA disability payments should have been included in the calculation of the Hedges’ current monthly income and therefore included in the calculation of “disposable income” in § 1325(b)(2) and on Form B22C.

Section 101(10A) includes earned income tax credits received during the six months before filing in current monthly income.

In Re Royal · filed 2008-11-07(10A)

11 U.S.C. § 101(10A) defines “current monthly income” as “income from all sources that the debtor receives ... without regard to whether such income is taxable income.” That statute specifically excludes certain payments to debtors, such as Social Security payments and payments to victims of war crimes, from the definition of CMI. It does not exclude the earned income tax credit.

Section 101(10A)(B) includes a housemate’s regular contributions to a debtor’s household expenses in current monthly income, and the U.S. Trustee bears the burden of proving the amount.

In Re Roll · filed 2008-11-10(10A)(B)

In any event, the burden of demonstrating income pursuant to § 101(10A)(B) falls upon the U.S. Trustee.