11 U.S.C. § 101

Section 101(10A) includes income received during the prescribed six-month period, even if it was earned earlier.

In Re Burrell · filed 2008-12-11(10A)

For the reasons set forth above, the Court concludes that the definition of “current monthly income” as set forth in 11 U.S.C. § 101(10A) refers to income received during the prescribed six-month period, and that no additional criterion that the income actually be earned during that period exists or was intended when BAPCPA was drafted and enacted.

Section 101(10A)(B) does not exclude unemployment compensation from current monthly income as a benefit received under the Social Security Act.

DeHart v. Baden (In Re Baden) · filed 2008-10-30(10A)(B)

In considering the language of the Bankruptcy Code and Congress’ intent in enacting the BAPCPA, this Court holds that unemployment compensation is not a “benefit received under the Social Security Act” and, therefore, should be included in the calculation of CMI.

Section 101(10A)(A) includes private disability insurance benefits that replace lost earnings in a debtor's current monthly income.

Blausey v. U.S. Trustee · filed 2009-01-23(10A)(A)

For these reasons, we hold that Mrs. Blausey's private disability insurance benefits are income under the Bankruptcy Code and should have been included in the Blauseys' calculation of CMI.

Section 101(10A)’s income inclusions and exclusions apply to projected disposable income, but its prefiling computation period yields to § 1325(b)’s postfiling period.

In Re Johnson · filed 2009-01-23(10A)

The specific provision of § 1325(b)(1) regarding disposable income “to be received in the [post-filing] applicable commitment period” must therefore be given precedence over the general definition of current monthly income in § 101(10A), which looks to income received pre-filing.

Section 101(10A)(B) excludes Social Security income from current monthly income, but that exclusion does not prevent a court from considering the income when assessing abuse under § 707(b)(3).

In Re Booker · filed 2009-01-23(10A)(B)

The Court further holds that although Social Security income is excluded from the definition of current monthly income and is not taken into consideration in determining whether a presumption of abuse arises, the Court may nonetheless consider that income source in assessing whether the debtors have an ability to pay a substantial dividend to their unsecured creditors.

Section 101(10A)(A)(ii) allows a court to set an alternative date for determining current monthly income when it excuses a debtor from filing Schedule I.

In Re Hoff · filed 2009-03-23(10A)(A)(ii)

That consideration, along with the language of § 101(10A) which anticipates situations where debtors should be exempt from filing Schedule I, presents this court the opportunity to excuse the filing and fix a different date upon which current monthly income is determined.

Section 101(10A) requires a debtor to account for a nonfiling spouse’s income when calculating current monthly income, with a marital adjustment available for income not regularly paid toward household expenses.

In Re McSparran · filed 2009-03-27(10A)

The combined current monthly income of the Debtor and Debtor’s spouse, however, must be used in Parts I of Form 22C. ... Under Part II of Form 22C a marital adjustment may be made if Debtor contends that the calculation of the applicable commitment does not require inclusion of the non-filing spouse’s income because such income is not paid on a regular basis for household expenses of the Debtor or Debtor’s dependents pursuant to 11 U.S.C. § 101(10)(A). Debtor failed to include his wife’s income in Part I and made no marital adjustment in Part II.

Section 101(10A) includes regular third-party payments for a debtor’s dependents’ household expenses in current monthly income.

In Re Justice · filed 2009-04-15(10A)

The debtor’s current monthly income must only contain the amounts that were paid on a regular basis for household expenses of the debt- or’s dependents, which now include Arrin and her son.

Section 101(10A) does not require a debtor to include voluntary retirement account withdrawals in current monthly income when the withdrawals are not shown to be systematic or likely to recur.

In Re Mendelson · filed 2009-03-12(10A)

For all of the foregoing reasons, the Court sustains the Trustee’s objection to confirmation in part and finds that the Debtor should not be permitted to take a secured debt expense deduction for the Equinox, and overrules the Trustee’s objection to confirmation in part and finds that the Debtor need not include withdrawals from her retirement account within “current monthly income.”

Section 101(10A) defines current monthly income using the debtor’s average income from all sources during the six months before filing, without regard to whether it is taxable.

In Re Forbish · filed 2009-05-05(10A)

Section 101(10A) defines CMI as “the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during the 6-month period” before the case was filed. 11 U.S.C. § 101(10A). CMI is calculated in Part I of a debtor’s Form 22C; the debtor’s Schedule I is no longer relevant to the disposable income calculation.

Section 101(10A)(B) includes a roommate’s regular utility payments in a debtor’s current monthly income when those payments reduce the debtor’s shared household expenses.

In Re Bostwick · filed 2009-06-23(10A)(B)

Because Weis and Bostwick share responsibility for the utilities, and because Weis’s contributions benefit Bo-stwick by decreasing her household utility expenses, Weis’s utility payments are “for household expenses” and Bostwick must include Weis’s contributions to their shared utility expenses in her current monthly income.

Section 101(10A) defines current monthly income by reference to the six months before the bankruptcy filing.

In Re White · filed 2009-06-23(10A)

However, the statutory definitions of “disposable income” and “current monthly income” look to the static six-month period immediately before the bankruptcy filing. The use of these terms favors the Court’s use of Form B22C, which asks for the debtors’ “current monthly income,” as it is defined by 11 U.S.C. § 101(10A).

Section 101(10A)(A)(ii) allows a bankruptcy court to reset the six-month period for calculating current monthly income when the debtor’s request is made in good faith.

In Re Dunford · filed 2009-07-21(10A)(A)(ii)

While § 101(10A)(A)(ii) allows a bankruptcy judge to recast the time period for determining a debtor’s CMI, a debtor’s request for that relief must be found to be in good faith.

Section 101(10A)(B) includes a roommate’s regular contribution to expenses the debtor otherwise would pay in current monthly income, but does not include all of the roommate’s income.

In Re Epperson · filed 2009-07-23(10A)(B)

Section 101(10A)(B) specifically addresses income from third-parties, referencing an “entity other than the debtor” who pays for household expenses of the debtor. Thus, the Code explicitly limits a third-party’s contribution to current monthly income to that amount the third-party pays toward the household expenses of the debtor. Including all of the Roommate’s income would do violence to this statutory directive.

Section 101(10A) defines current monthly income using a six-month averaging period, subject to specified inclusions and exclusions.

In Re Boyd · filed 2009-08-26(10A)

In short, if a debt- or files Schedule I, current monthly income is the debtor’s average monthly income received during the six calendar months preceding the filing of the debtor’s bankruptcy case, subject to certain inclusions and exclusions set forth in 11 U.S.C. § 101(10A)(B). If a debtor does not file Schedule I, current monthly income is the debtor’s average monthly income received during the six-month period ending on the date on which current income is determined by the court, subject to the same inclusions and exclusions set forth in 11 U.S.C. § 101(10A)(B).

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

In Re Boyle · filed 2009-09-11(10A)

As defined in 11 U.S.C. § 101(10A), current monthly income excludes the Social Security benefits that constitute a majority of the income of James and Shirley Boyle.

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

In Re Boatright · filed 2009-09-02(10A)(B)

Posed with these two interpretations, the Court finds that a non-debtor spouse’s income is better considered under § 101(10A)(B). ... Section 101(10A)(B)’s reference to an “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” provides a ready framework for the consideration of a non-debtor’s income, whereas interpreting “income a debtor receives” broadly enough to include the contributions a non-debtor spouse makes for household expenses would unnecessarily strain the language of the statute.

Section 101(10A)(B) includes unemployment compensation in current monthly income because it is not a benefit received under the Social Security Act.

In Re Kucharz · filed 2009-10-28(10A)(B)

A textual and contextual analysis, as well as a canon of statutory construction, all support the conclusion that unemployment benefits are not “received under the Social Security Act,” as that phrase is used in Section 101(10A).

Section 101(10A) counts an advance of employment income when the debtor receives the funds, rather than when later payments reduce the associated repayment obligation.

In Re Killian · filed 2009-11-12(10A)

The Court finds that, although the amounts funded in May 2005 were characterized by UBS as a “loan,” for purposes of Section 101(10A), they were an advance of income. ... Therefore, it was not improper for the Debtor to exclude the periodic “transition bonus” payments which were reported on his pay stubs from his Form 22A or his calculation of income for the means test.

Section 101(10A)(A) permits an annual bonus received during the six-month income period to be prorated over twelve months when calculating current monthly income.

McDow v. Meade (In Re Meade) · filed 2009-11-13(10A)(A)

The Court recognizes that its decision to prorate the amount of an annual bonus received during the six month period preceding the bankruptcy filing over a twelve month period is an easier one than is the other side of the coin, i.e., doing the same thing when the payment of the bonus has occurred prior to the six month period preceding such filing.

Section 101(10A)(B) includes a nonfiling spouse’s income used regularly for the debtor’s or dependents’ household expenses in current monthly income, including mortgage payments on their home.

In Re Trimarchi · filed 2010-01-25(10A)(B)

Thus, the non-debtor spouse’s income is appropriately considered and added to the total income reflected on Line 11 on the B22C Form to the extent such income is regularly used for the household expenses of the debtor or the debtor’s dependents.

Section 101(10A) includes a one-time wage settlement received during the six months before filing in current monthly income.

In Re Cotto · filed 2010-03-12(10A)

Section 101(10A) sets forth specific enumerated exceptions to categories of income that must be included in CMI. A non-recurring, one-time only payment is not one of those exceptions.

Section 101(10A)(A) includes employer mileage reimbursements in a debtor’s current monthly income.

In Re Tinsley · filed 2010-04-19(10A)(A)

The implication from Martin and Hornung is that since it is inaccurate or incorrect to not claim reimbursements from employers as income, reimbursements are income for purposes of § 101(10A)(A). ... Pursuant to Martin and Hornung, the Court finds that the Debtors’ failure to list these reimbursements on their bankruptcy petition or forms constitutes an inaccuracy and error and therefore, the Debtors’ schedules and Plan should reflect these reimbursements as income.

Section 101(10A) includes regular household contributions from nondebtors in current monthly income, even when the contributions come from the nondebtors’ Social Security benefits.

In Re Olguin · filed 2010-04-29(10A)(B)

Thus, the grandparents’ regular contribution to the household expenses of the Debtors is not “a benefit received under the Social Security Act” and must be included in the calculation of Debtors’ income.

Section 101(10A)(B) includes another person’s regular payments toward a debtor’s household expenses in current monthly income.

In Re Robrock · filed 2010-05-21(10A)(B)

In consequence, it is entirely appropriate to deem the premises at Two Harbors part of the Debtor’s “household,” within the contemplation of § 101(10A)(B). Thus, the amounts that his ex-wife paid toward the ongoing debt service (on which the Debtor is jointly and severally liable) plus the association dues are a component of his CMI.

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so debtors cannot be required to count them as disposable income for Chapter 13 plan payments.

In Re Bartelini · filed 2010-06-02(10A)(B)

Given § 101(10A)’s explicit exclusion of SSI, debtors cannot be compelled to include those benefits in the computation of their DI and therewith their PDI.

Section 101(10A) excludes a nonfiling spouse’s income from current monthly income to the extent it is not contributed to the debtor’s household support.

In Re Hammock · filed 2010-07-08(10A)

Line 17 of Form B22A provides for an adjustment to allow married debtors, who file individually, to deduct a portion of the non-filing spouse’s income that is not within the definition of CMI, as set forth in the Bankruptcy Code.

Section 101(10A) includes income in current monthly income only if it was both received and derived during the statutory six-month period.

In Re Arnoux · filed 2010-08-13(10A)

In conclusion the court decides the definition of “current monthly income” requires that the income be both “received” and “derived” during the statutory six month period. For that reason the court holds that Ms. Arnoux’s income which was derived from her work during the six months preceding the petition date is not “current monthly income.”

Section 101(10A)(B) includes another person’s contributions to the debtor’s household expenses in current monthly income, but does not require including funds used to support a nondependent.

Rice, Heitman & Davis, S.C. v. Sasse (In Re Sasse) · filed 2010-08-13(10A)(B)

Clearly, 11 U.S.C. § 101(10A)(B) contemplates that amounts paid (or contributed) by another to the household expenses of the debtor must be included in the calculation of the debtor’s current monthly income. But the statute does not require the inclusion of all income from a third party when the funds are used to support a non-dependent of the debtor.

In a joint case, current monthly income includes income received by both spouses during the prescribed period.

Harman v. Fink · filed 2010-09-03(10A)(A)

Section 101(10A)(A) specifically provides that in a joint case, current monthly income includes the income that a debtor and the debtor’s spouse received during the prescribed period. 11 U.S.C. § 101(10A)(A). The plain language of the Bankruptcy Code therefore requires the debtors to combine their current monthly incomes for the purpose of calculating the applicable commitment period.

Section 101(10A) does not allow business expenses to be deducted when calculating current monthly income.

In re Compann · filed 2010-09-30(10A)

Significantly, business expenses are not excluded from income in § 101(10A).

Section 101(10A)(B) excludes Social Security benefits from current monthly income when calculating Chapter 13 plan payments.

Fink v. Thompson · filed 2010-09-16(10A)(B)

The plain language of the Bankruptcy Code specifically excludes Social Security income from a debtor’s required payments in a Chapter 13 plan. Section 101(10A) defines “current monthly income.” 11 U.S.C. § 101(10A). In subsection (B), it explains that current monthly income “excludes benefits received under the Social Security Act.” 11 U.S.C. § 101(10A)(B).

Section 101(10A)(B) does not exclude unemployment compensation from current monthly income as a benefit received under the Social Security Act.

Washington v. Reding · filed 2010-09-24(10A)(B)

The court is therefore left with its initial, straightforward, and plain understanding that the phrase “benefits received under the Social Security Act” does not include unemployment benefits — a plain and straightforward understanding that the court believes the legislators had when they wrote and adopted the language.

Section 101(10A) includes exempt state pension income in current monthly income.

In Re Briggs · filed 2010-10-22(10A)

The pension income received by Mr. Briggs must necessarily fall within the ambit of the definition of “current monthly income” as set forth in § 101(10A).

Section 101(10A) includes an inheritance received in the six months before filing in a debtor’s current monthly income.

In Re Stanley · filed 2010-10-28(10A)

This section clearly requires Debtors to include all money they received from any source in the six months prior to their bankruptcy filing.

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

Timothy v. Anderson (In Re Timothy) · filed 2010-12-29(10A)(B)

This term was added and defined by BAPCPA in § 101(10A), and specifically excludes Social Security income.

Section 101(10A) includes a non-debtor spouse’s regular contributions to household expenses in a debtor’s current monthly income, but does not include all of the spouse’s income.

In Re Malewicz · filed 2010-11-04(10A)

This Court agrees with the statutory analysis in Quarterman and the conclusion that a non-debtor spouse’s entire income is not included in the “projected disposable income” analysis. This Court further finds that the funds contributed by a non-debtor spouse towards household expenses, and included in the projected disposable income analysis, are not specifically “pledged” or earmarked for turnover to the trustee.

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

In Re Welsh · filed 2010-11-16(10A)(B)

Current monthly income defined under BAPCPA, § 101(10A)(B), excludes benefits received under the Social Security Act; Section 101(10A)(B) is a clear indication that Congress intended a departure from pre-BAPCPA practice and exclude SSI income from the disposable income calculation.

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

In Re Thomas · filed 2010-12-19(10A)(B)

The Code, however, explicitly excludes SSI from CMI. 11 U.S.C. § 101(10A)(B).

Section 101(10A)(B) excludes Social Security Act benefits from current monthly income and, in turn, from Chapter 13 projected disposable income.

Baud v. Carroll · filed 2011-02-04(10A)(B)

We conclude that benefits received under the Social Security Act—such as the benefits the Appellees receive—should not be included in the calculation of projected disposable income.

Section 101(10A) excludes all Social Security benefits from current monthly income, including benefits paid to a debtor’s nonfiling spouse.

In Re Miller · filed 2011-01-11(10A)

The Court finds that based on the plain language of section 101(10A) and section 522(d)(10)(A), it was Congress’s intent to exclude all Social Security benefits from the calculation of current monthly income, regardless of whether those benefits are personal to the debtor.

Section 101(10A)(B) includes a nonfiling spouse’s regular payments for the debtor’s household expenses in current monthly income, so those payments cannot be taken as a marital adjustment.

In Re Rable · filed 2011-03-04(10A)(B)

Looked at from this perspective, it may be first said that if an expense is paid by the nondebtor spouse on a regular basis to the household expenses of the debtor, then the expenditure cannot be taken as a marital adjustment, thus resulting in a higher “disposable income” figure for the debtor.

Section 101(10A) includes regular Christmas bonuses received during the six months before a bankruptcy filing in current monthly income.

In Re O'Neill Miranda · filed 2011-03-09(10A)

Debtors’ Christmas bonuses fall into the definition of “income from all sources” pursuant to Section 101(10A) and the same are not excluded under Section 101(10A)(B).

Section 101(10A) includes Railroad Retirement Act benefits in current monthly income.

Meyer v. Scholz (In Re Scholz) · filed 2011-03-22(10A)

Thus, we hold that RRA Benefits fall within the statutory definition of CMI.

Section 101(10A)(B) excludes Social Security benefits from current monthly income used to calculate disposable income and apply the means test.

In Re Mains · filed 2011-05-25(10A)(B)

Like the calculation of disposable income under Section 1325(b), the means test under Section 707(b)(2) begins with determining the debtor's “current monthly income” and, again, that term excludes social security benefits.

Section 101(10A)(B) excludes a non-filing spouse’s payments from a debtor’s current monthly income when they are not for the household expenses of the debtor or the debtor’s dependents.

Sturm v. United States Trustee · filed 2011-07-14(10A)(B)

Sturm is entitled to a deduction for any contributions not dedicated to her household expenses, and therefore she may claim a marital adjustment for the entirety of Mr. Sturm’s mortgage payment.

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

Ragos · filed 2011-07-21(10A)

Social security benefits are specifically excluded from the calculation CMI and DI by virtue of 11 U.S.C. §§ 101(10A) and § 1325(b).

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

Vandenbosch v. Waage (In Re Vandenbosch) · filed 2011-10-11(10A)

Disposable income is the current monthly income less amounts reasonably necessary for maintenance and support, 11 U.S.C. § 1325(b)(2), and current monthly income is defined to exclude social security benefits, 11 U.S.C. § 101(10A).

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so a debtor need not include them in projected disposable income.

Cranmer v. Anderson · filed 2011-12-07(10A)(B)

Examining this issue de novo, the Court concludes that the bankruptcy court misapplied Hamilton, that Appellant should not have been required to include social security income in his calculation of projected disposable income, and that failure to contribute all of Appellant’s social security income did not constitute bad faith.

Section 101(10A)(B) includes state unemployment compensation in current monthly income because it is not a benefit received under the Social Security Act.

In re Gentry · filed 2011-12-19(10A)(B)

For the reasons stated below, this Court holds that unemployment compensation is a benefit, but not one “received under” the Social Security Act. Consequently, the Trustee’s Objection must be sustained and the Court denies confirmation of the Plan.

Section 101(10A)’s average for current monthly income includes an extra paycheck received during the six-month period when the debtor is paid biweekly.

Proudfoot Consulting Co. v. Gordon (In Re Gordon) · filed 2012-01-24(10A)

This average will include the "extra” paycheck the Debtor received because he is paid bi-weekly.

Section 101(10A) uses historical income to determine a debtor’s above- or below-median status; a later loss of income does not change that determination.

In re Martin · filed 2012-01-24(10A)

The rule laid down by Hamilton v. Lanning, that adjustments may be made for changes to a debtor’s income and expenses that are known or virtually certain as of confirmation, applicable to the projected disposable income determination, does not apply to the “applicable commitment period” determination, which is determined by the historical information referred to in section 101(10A). A loss of income is properly taken into account in determining projected disposable income, but must be ignored for purposes of determining a debtor’s above/below-median status and the “applicable commitment period.”

Section 101(10A)(B) includes a third party’s income in a debtor’s current monthly income only to the extent regularly paid for the household expenses of the debtor or the debtor’s dependents.

Fraleigh v. Fraleigh (In re Fraleigh) · filed 2012-06-12(10A)(B)

Bankruptcy Code § 101(10A)(B) plainly limits third-party income, when computing “current monthly income,” to amounts paid “on a regular basis for the household expense of the debtor or the debtor’s dependents ...” 11 U.S.C. § 101(10A)(B) (emphasis added).

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so they are excluded from projected disposable income.

S. Beaulieu, Jr. v. Ragos · filed 2012-10-29(10A)(B)

Importantly, the statutory definition of “current monthly income” explicitly “excludes benefits received under the Social Security Act.” Id. § 101(10A)(B).

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so they are excluded from projected disposable income.

Anderson v. Cranmer (In Re Cranmer) · filed 2012-10-24(10A)(B)

Benefits received under the Social Security Act, however, are specifically excluded from the definition of current monthly income. 11 U.S.C. § 101(10A)(B).

Section 101(10A)(B) includes a non-filing spouse’s regular payments in a debtor’s current monthly income only to the extent they cover the debtor’s household expenses; joint expenses are apportioned to the debtor’s share.

In re Toxvard · filed 2013-01-09(10A)(B)

If a household expense is the Debtor’s sole expense, then the Debtor must include Mr. Toxvard’s entire payment of such expense in her calculation of disposable income. If a household expense is Mr. Toxvard’s sole expense, then the Debtor may deduct the entire expense from her calculation. If a household expense is a joint obligation, then the Debtor must include Mr. Toxvard’s payment of such expense in her calculation, but only to the extent Mr. Toxvard’s payment satisfies the Debtor’s share of the obligation. Absent evidence to the contrary, this amount shall be fifty percent of the total expense.

Section 101(10A)(B) excludes Social Security benefits from current monthly income, including benefits received by a nonfiling spouse.

In re Scott · filed 2013-01-11(10A)(B)

Consistent with the overwhelming majority of the reported decisions, this Court finds that social security benefits are specifically excluded from “current monthly income” as that term is defined by 11 U.S.C. § 101(10A) and are not to be included in the calculation of “projected disposable income” under section 1325(b)(1)(B). ... This Court finds the reasoning in the case of In re Miller persuasive. The Court also notes that it would be anomalous to conclude that Ms. Scott’s social security benefits would not be included if she had filed a joint case with her husband, but would be included if she did not file a joint case.

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

In Re: DAVID C. WELSH and SHARON N. WELSH · filed 2013-03-25(10A)(B)

The calculation of “disposable income” now incorporates the definition of “current monthly income,” and the definition of “current monthly income” excludes Social Security income.

Section 101(10A) permits a debtor filing individually to exclude a nonfiling spouse’s income that is not regularly contributed to the debtor’s household expenses when calculating the Chapter 13 commitment period.

In re Abisso · filed 2013-04-17(10A)

Section 101(10A) defines “current monthly income” as the “average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive).” ... I agree with the majority view and the above rationale. Accordingly, I find that the Debtor is entitled to the marital adjustment on Line 13 of the B22C Form to deduct the portion of her non-filing spouse’s income that is not contributed on a regular basis to the Debtor’s household expenses for the purpose of determining her applicable commitment period.

Section 101(10A)(A) calculates current monthly income using the six calendar months before the month in which the bankruptcy petition is filed.

In re Maura · filed 2013-04-19(10A)(A)

But the relevant time for calculating a debtor’s initial CMI amount, which the Bankruptcy Code refers to as “current monthly income,” is not as of the petition date. Rather, it is the average of the last full six calendar months before the petition date.

Section 101(10A) includes a self-employed debtor’s gross business receipts in current monthly income before business expenses are deducted.

In re Harkins · filed 2013-05-01(10A)

For all these reasons, § 1325(b)(2) plainly demonstrates that self-employed debtors must include their gross business receipts in the calculation of their current monthly income.

Section 101(10A) excludes Social Security benefits from current monthly income, so those benefits cannot create a presumption of abuse under § 707(b)(2)(A).

In re Riggs · filed 2013-07-09(10A)

This opinion has already noted that § 707(b)(2)(A) in establishing a “presumption of abuse” utilizes the debtor’s “current monthly income,” which is a defined term under Code § 101(10A) expressly excluding “benefits received under the Social Security Act,” as the starting point. Accordingly, a presumption of abuse which, unless rebutted, requires dismissal of the case, will not arise if the establishment of that presumption is dependent upon inclusion of any Social Security benefit.

Section 101(10A)(B) includes a non-debtor spouse’s income in current monthly income if it is regularly spent on household expenses.

In re Bovino · filed 2013-07-26(10A)(B)

In that regard, however, the Movant argues that the debtor has failed to demonstrate that the non-debtor spouse income has met the statutory definition of “current monthly income” in section 101(10A)(B), which provides that income from a non-debtor spouse is considered current monthly income if it is expended regularly on household expenses. 11 U.S.C. § 101. The court agrees. Here, the Debtor failed to provide evidence of how wife’s income was used and thus failed to prove her income as a reliable source of plan contributions.

Section 101(10A)(B) includes a housemate’s regular contributions to household expenses in a debtor’s current monthly income, but excludes the housemate’s personal expenses.

DeAngelis v. Holmes (In re Holmes) · filed 2013-08-21(10A)(B)

The Household Expenses Amount is crucial to a debtor’s case: It is the only portion of a non-filing spouse’s, family member’s, or any other housemate’s income included in CMI.

Section 101(10A)(A) excludes an inheritance received well after the petition date from current monthly income because it falls outside the six-month look-back period.

In re Peebles · filed 2013-09-26(10A)(A)

The six month look-back period of § 101(10A)(A) would clearly exclude Mr. Peebles’s inheritance, which he did not receive until well after the petition date.

Section 101(10A)(B) excludes Social Security benefits from current monthly income, which also excludes them from disposable income under § 1325(b).

In re Canniff · filed 2013-09-19(10A)(B)

Section 101(10A) explains that benefits under the Social Security Act are expressly excluded in calculating “current monthly income.” 11 U.S.C. 101(10A)(B). Reverse engineering this cross-referenced formula results in the following: Social Security benefits are not included in “current monthly income” under § 101(10A), which necessarily excludes them from “disposable income” under § 1325(b), and thereby renders any benefit under the Social Security Act unreachable by creditors through the mechanisms of § 1325(b).

Section 101(10A) includes income derived during the six-month period even if the debtor receives it afterward.

In re Strickland · filed 2014-01-13(10A)

The Court concludes that pay derived during the statutory six-month period is properly included as CMI even though that pay was received outside of the statutory six-month period.

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

In re Worthington · filed 2014-03-21(10A)

The court finds the definition of “current monthly income” under 11 U.S.C. § 101(10A)(A) and (B) does not include social security income.

Section 101(10A) fixes current monthly income at the start of the bankruptcy case; later income changes do not require recalculating it.

In re Swain · filed 2014-04-01(10A)

The Bankruptcy Code does not contemplate that CMI will be recalculated after plan confirmation and provides no means, or formula, for doing so.

Section 101(10A) measures current monthly income using the six months before the bankruptcy petition, excluding a postconfirmation asset from disposable income.

In re McAllister · filed 2014-04-03(10A)

“Current monthly income” is determined by reference to “the average monthly income from all sources that the debtor receives ..., derived during the 6-month period” preceding the filing of the petition. 11 U.S.C. § 101(10A). ... After BAPCPA, however, a debtor’s receipt of a postconfirmation asset cannot possibly be “disposable income” under its statutory definition because the debtor did not receive it during the six months preceding the filing of the petition.

Section 101(10A) does not permit a self-employed chapter 13 debtor to deduct business expenses when calculating current monthly income.

In re Hoffman · filed 2014-05-19(10A)

Neither § 1325(b)(4) nor § 101(10A) directs a chapter 13 business debtor to deduct ordinary and necessary business expenses in calculating current monthly income.

Section 101(10A) includes a sole proprietor’s gross business receipts before deducting business expenses when calculating current monthly income.

In re Kuwik · filed 2014-05-28(10A)

This Court concludes that Congress intended “income” to mean “gross receipts” for purposes of calculating the current monthly income of a sole proprietor under § 101(10A) and determining the applicable commitment period under § 1325(b)(4).

Section 101(10A) includes income received during the six-month look-back period in current monthly income, regardless of when it was earned.

UST - WY v. United States Bankruptcy Court for the District of Wyoming - Cheyenne · filed 2014-10-08(10A)(A)

Although both parties present persuasive arguments on this difficult issue of statutory interpretation, we conclude that the plain meaning of § 101(10A) is that the term “current monthly income” includes all income a debtor receives in the look-back period, regardless when it was earned.

Section 101(10A) includes in current monthly income all income a debtor receives during the six-month look-back period, regardless of when it was earned.

Miller v. United States (In re Miller) · filed 2014-10-08(10A)

Although both parties present persuasive arguments on this difficult issue of statutory interpretation, we conclude- that the plain meaning of § 101 (10A) is that the term “current monthly income” includes all income a debtor receives in the look-back period, regardless when it was earned.

Section 101(10A)’s definition of current monthly income does not exclude tax refunds.

In re Barnes · filed 2015-03-17(10A)

The Bankruptcy Code expressly excludes specific items from the definition of current monthly income, and tax refunds are not among the excluded items.

Section 101(10A)(B) includes a non-filing spouse’s regular contributions to household expenses in current monthly income, and the debtor must prove which claimed marital adjustments are purely personal to that spouse.

In re Montalto · filed 2015-09-17(10A)(B)

The Court finds that, except in the situation where spouses maintain separate households, all of a non-filing spouse’s income is presumed to be dedicated to household expenses, and it is ultimately the debtor’s burden to prove which expenses are purely personal to the non-filing spouse.

Section 101(10A)(B) treats a non-filing spouse’s regular payments for the debtor’s household expenses as current monthly income; a debtor liable for the full rent cannot arbitrarily exclude half of it through a marital adjustment.

In re Vinger · filed 2015-11-04(10A)(B)

The Court’s analysis turns on its interpretation of § 101(10A)(B) — whether one-half of the Debtor’s monthly rent obligation is “a household expense of the debt- or or the debtor’s .dependents.” ... The entire rent obligation is a household expense belonging to her, regardless of how the Court approaches the issue.

Section 101(10A)(B) excludes Adoption Assistance payments from current monthly income when they are subject to Social Security Act requirements, even if a county pays them.

Adinolfi v. Meyer (In Re Adinolfi) · filed 2016-01-19(10A)(B)

Thus, under our reading of the phrase, the Adoption Assistance payments which the Debtor receives are “benefits received under the Social Security Act” and are excluded from her “current monthly income.”

Section 101(10A)(B) excludes Adoption Assistance payments from current monthly income when the payments are subject to Social Security Act requirements, even if a county pays them.

In re: Nancy Adinolfi · filed 2016-01-19(10A)(B)

Thus, under our reading of the phrase, the Adoption Assistance payments which the Debtor receives are “benefits received under the Social Security Act” and are excluded from her “current monthly income.”

Section 101(10A)(B) counts a nondebtor spouse’s income toward current monthly income only to the extent the spouse regularly pays household expenses.

In re Ladieu · filed 2016-04-08(10A)(B)

Second, her income is only relevant to a Chapter 13 case before confirmation of a plan, and only to the extent it helps pay for household expenses to help calculate the Debtor’s disposable income.

Section 101(10A) defines current monthly income through a backward-looking calculation, so a later salary increase does not change a debtor’s median-income status as of the petition date.

In re Powers · filed 2016-07-13(10A)

Rather, the law is clear that application of § 707(b)(2) is statutorily limited to above median income debtors — a status determined solely by reference to a debtor’s CMI, which is statutorily defined as a backward-looking calculation. 11 U.S.C. § 101(10A). Thus, notwithstanding a post-petition increase in income pursuant to the Employment Agreements, because Debtor was a below median income debtor as of the Petition Date, the use of § 707(b)(2) to limit or cap Debtor’s expenses is not appropriate.

Section 101(10A)(B) excludes a nonfiling spouse’s funds from the debtor’s current monthly income when they are not paid regularly for the debtor’s or dependents’ household expenses.

In re Norenberg · filed 2016-07-21(10A)(B)

Christie’s American Funds redemptions and dividends arguably could have been included on Line 7, but they would have been subtracted on Line 3 of Form 122A-2 because they were not shown to be paid on a regular basis by Christie for the household expenses of the Debtor or Debtor’s dependent.

Section 101(10A)(B) excludes Medicaid waiver payments received by debtors caring for a disabled adult beneficiary in their home from current monthly income as Social Security Act benefits.

In re Hite · filed 2016-09-06(10A)(B)

Section 101(10A) excludes from current monthly income “benefits received under the Social Security Act.” ... For all of the above reasons, the Court finds that the PP payments Sean and Melinda receive are excluded from their disposable income as benefits received under the SSA.

Section 101(10A)(A) includes employer-paid reimbursements in current monthly income.

In re Reinhart · filed 2016-09-30(10A)(A)

Resting on the plain language and lack of relevant exclusion in section 101(10A)(A), the court is persuaded that employer-paid reimbursements are income that must be included in the CMI calculation.

Section 101(10A) excludes a nonfiling spouse’s payments on vehicle debts from household expenses used to calculate the debtor’s current monthly income.

In re Hall · filed 2016-10-04(10A)

Put simply, payments toward debts are not expenses as contem-plated by § 101(10A).

Section 101(10A) includes veterans’ disability benefits in current monthly income, even when the debtor claims them as exempt.

In re Brah · filed 2017-01-25(10A)

Accordingly, under the plain language of the applicable definition, the VA Benefits are not excluded from current monthly income.

Section 101(10A) includes tax credits, including the earned income tax credit, in current monthly income.

In re Morales · filed 2017-02-27(10A)

As bankruptcy courts have consistently held, CMI is a measurement of gross pre-tax income and includes public assistance benefits such as the earned income tax credit. ... As discussed above, the trustee is correct that the tax credits are included in CMI.

Section 101(10A) includes tax credits in current monthly income even when state law exempts those credits.

In re Blake · filed 2017-03-16(10A)

CMI, in turn, is defined in section 101(10A) and includes all income and benefits received by the debtor, on average, during the six months prior to filing. ... As such, each of the Debtors must include their tax credits as income in their CMI in order to keep that portion of their tax refund.

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

In re Beinhauer · filed 2017-04-13(10A)(B)

Current monthly income includes “any amount paid by any entity other than the debtor ... on a regular basis for the household expenses of the debtor ...” 11 U.S.C. § 101(10A)(B). Expenses paid by a non-debtor spouse will be considered a household expense.

Section 101(10A) includes police pension payments in current monthly income even when the pension itself is exempt or excluded from the bankruptcy estate.

In re Sjogren · filed 2017-07-12(10A)

The very specific and limiting language of § 101 (10A) precludes this Court from stretching the plain language of the statute to create, in essence, a judicial carve-out with regard to pension income.

Section 101(10A) includes amounts from other household members in current monthly income when they are paid regularly toward household expenses.

Modi v. Virani · filed 2017-07-21(10A)

Schedule I, Form 22A and the definition of currently monthly income in 11 U.S.C. § 101(10A) all require the disclosure of income received from any source but on a regular basis and paid toward the household expenses identified in Schedule J. ... But, the Court finds the Debtor’s statements on Schedule I and Form 22A that do not reflect any regular income from her children are not false because any income made by the children was used to pay for their own expenses including their car payments and any that was contributed to the family was done only occasionally.

Section 101(10A)(B) excludes Social Security benefits from current monthly income, so leaving those benefits out of Chapter 13 plan payments does not itself show bad faith.

In re Manzo · filed 2017-08-25(10A)(B)

... it is clear from the provisions of Chapter 13, in which Congress went to great lengths to prescribe a method of calculating income that explicitly excludes social security benefits, that Congress intended social security benefits to be beyond the reach of creditors who object to a proposed Chapter 13 repayment plan in order to boost their recovery.

Section 101(10A) defines current monthly income to include income from all sources regardless of taxability; Census Bureau income exclusions do not apply.

Ortiz-Peredo v. Viegelahn · filed 2018-03-29(10A)

The Court is not persuaded by these arguments. BAPCPA's statutory definition of "current monthly income" makes no mention of the categories excluded from income by the Census Bureau, but includes the average monthly income "from all sources that the debtor receives ... without regard to whether such income is taxable income[.]" 11 U.S.C. § 101(10A).

Section 101(10A) counts a debtor's gross business revenue in current monthly income without first deducting business expenses.

In re Gonzalez · filed 2018-09-27(10A)

Thus, with great reluctance, this Court adopts the Gross Income Approach. The fact that § 1325(b)(2) requires the deduction of business expenses during the disposable income calculation seems indicative of Congressional intent to have debtors deduct business expenses at that point rather than at the CMI stage.

Section 101(10A) does not exclude workers' compensation awards from current monthly income.

In re Bullock · filed 2019-06-12(10A)

Similar types of income such as veteran's benefits and worker's compensation awards are not statutorily excluded from the current monthly calculation and, therefore, must be considered.

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

Robert Louis Green and Michelle Laroue Green · filed 2019-08-20(10A)

This is misstated in the Objection and Report, as the “CMI” or Current Monthly Income is calculated on Official Form 122C-1 and is the average income for the six months prior to petition filing. The $2,239.81 is the “disposable income” calculated on Official Form 122C-2, which is derived by subtracting statutorily allowed expenses from the Current Monthly Income. See 11 U.S.C. §§ 101(10A) and 707(b)(2).

Section 101(10A)(B) excludes adoption assistance payments under the Social Security Act from current monthly income, even when a county pays them.

Tina M Isaacs and Fredrick S. Isaacs · filed 2019-08-26(10A)(B)

For the reasons set forth above, this court holds that the Adoption Assistance Payments that the Debtors receive in this case are “benefits received under the Social Security Act” and are therefore excluded from their “current monthly income.”

Section 101(10A) requires current monthly income to be calculated from the debtor’s average monthly income over the specified six-month period.

Amy Beard · filed 2019-09-04(10A)

As a result, the Court finds that the UST calculated the debtor’s current monthly income in contravention of § 101(10A), which specifically requires that the calculation be based on the debtor’s average monthly income for a specific six-month period.

Section 101(10A)(A) excludes loan repayments and expense reimbursements from current monthly income because they are not gains or recurrent benefits received by the debtor.

John W. Lafferty, III and Constance A. Lafferty · filed 2019-12-16(10A)(A)

The Insider Distributions were also properly excluded from the Debtors’ calculation of current monthly income because they do not qualify as income under § 101(10A)(A). This is so because they are loan repayments and expense reimbursements that do not represent a gain or recurrent benefit that the Debtors came into possession of or acquired during the Sampling Period.

Section 101(10A) includes tax credit refunds in current monthly income when the debtor receives them during the six months before bankruptcy.

Hector Ramon Garcia Figueroa · filed 2020-01-15(10A)

Because they are a source of income that is not excluded from the definition of current monthly income in § 101(10A), they must somehow be included in the calculation of current monthly income, if received in the six months before bankruptcy.

Section 101(10A) includes tax credit refunds in current monthly income if received in the six months before bankruptcy.

Roberto Escatel Orozco and Melinda Maria Orozco · filed 2020-01-15(10A)

Because they are a source of income that is not excluded from the definition of current monthly income in § 101(10A), they must somehow be included in the calculation of current monthly income, if received in the six months before bankruptcy.

Current monthly income includes a non-filing spouse’s contributions to the debtor’s household expenses, but excludes the spouse’s purely personal spending.

Karen R. Andersen · filed 2020-04-10(10A)(B)

The only relevant non-filing spouse’s expenses are defined by the Code as those paid on a regular basis for Debtor’s household expenses.

Section 101(10A) measures current monthly income over the six months ending on the last day of the month before filing and provides no adjustment for income received between then and filing.

Grant Gosch and Tina Gosch · filed 2021-03-26(10A)

And, Section 101(10A) contains no express “true-up” mechanism dictating what happens to income received in the usually short interval between the end of the CMI period and a bankruptcy filing.

Section 101(10A)'s six-month lookback period applies to funds debtors receive directly and to amounts others pay toward household expenses.

Jeffrey Robert Balcom and Virginia Lee Balcom · filed 2021-11-05(10A)

Based on the foregoing, the Court concludes the 6-month lookback period applies to “all sources” of funds, both those that debtors directly receive and those that are paid toward household expenses by an entity other than the debtor.

Section 101(10A)(B)(i) includes a nonfiling spouse’s regular contributions to shared household expenses in current monthly income.

Jae Hong Oh · filed 2022-04-01(10A)(B)(i)

Congress has made a policy decision to treat a non-filing spouse’s income as relevant for purposes of Chapter 13, to the extent that the non-debtor spouse’s income is contributed to pay joint debts or to support the household. ... The Debtor’s wife’s payment of one-half of the rent would not be excludable under the marital deduction.

Section 101(10A) defines current monthly income in terms of income, not prepetition exempt property, even though it does not expressly exclude inheritances.

Daniel McGuire and Rita McGuire · filed 2022-06-24(10A)

Rather, the disposable income test remains based on income, not prepetition exempt property. See §§ 1325(b), 101(10A).

Section 101(10A)(B)(ii)(I) excludes Social Security benefits from current monthly income, so they are excluded from Chapter 13 disposable income.

Merl E. Williamson and Barbara Jayne Williamson · filed 2023-02-21(10A)(B)(ii)(I)

For all of the above reasons, the court finds that “benefits received under the Social Security Act” are excluded from “current monthly income” under §101(10A)(B)(ii)(I), which in turn excludes such income from “disposable income” under §1325(b)(2).

Section 101(10A) includes prepetition workers’ compensation payments in current monthly income.

Eric A Olson · filed 2023-05-31(10A)

11 U.S.C. § 101(10A). Applying this definition, the weekly worker’s compensation payments received by Debtor pre-petition are included in the calculation of “current monthly income.”

Section 101(10A)(B) includes a non-filing spouse’s regular contributions to household expenses in current monthly income, even if that spouse refuses to help pay the debtor’s debts.

William C Tapply · filed 2023-07-05(10A)(B)

While the examples set forth in § 707(b)(2)(B) are illustrative rather than exhaustive, § 101(10A) makes clear that a non-filing spouse’s income that is regularly contributed to the household expenses of the debtor or the debtor’s dependents is included in CMI regardless of whether the non-filing spouse chooses to make that income available to help pay the debtor’s debts or fund a Chapter 13 plan.

Section 101(10A) allows a sole proprietor to subtract ordinary and necessary business expenses from gross business receipts when calculating current monthly income.

Warren W Hughes · filed 2023-08-25(10A)

In this case, CMI is best understood to consist of the debtor’s gross business receipts minus ordinary and necessary business expenses.

Section 101(10A)(B)(i) includes a non-filing spouse’s regular contributions to household expenses in current monthly income; a debtor claiming a marital adjustment must document that the excluded income paid for the spouse’s personal expenses.

Donald Paul Henderson · filed 2023-09-27(10A)(B)(i)

The starting point for the Means Test is current monthly income, which “includes 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)(i). Therefore, the Means Test allows the debtor to deduct from income any amounts of a non-filing spouse’s income that is not used for household expenses, which is known as the marital adjustment.

Section 101(10A)(B)(i) includes a non-filing spouse’s payments for the debtor’s dependents’ household expenses in current monthly income; when both parents share the obligation, half the spouse’s contribution counts.

Donald Paul Henderson · filed 2024-01-25(10A)(B)(i)

Additionally, § 101(10A)(B)(i) includes household expenses related to Debtor’s dependents. ... Because the children’s expenses are joint obligations of Debtor and Non-Filing Spouse, fifty percent of Non-Filing Spouse’s contribution to the household expenses of the minor children is included in Debtor’s CMI and is not deducted as a marital adjustment.

Section 101(10A)(B)(i) includes a nonfiling spouse’s contributions in a debtor’s current monthly income only when they are made regularly for household expenses; a one-time windfall does not qualify.

In Re: Sloane A. Worth · filed 2024-02-26(10A)(B)(i)

But in light of the plain language of section 101(10A)(B), the non-filing spouse’s receipt of an inheritance or other one-time windfall does not constitute an increase in the debtor’s current monthly income.

Section 101(10A)(1) calculates current monthly income using a fixed six-month period before the petition, so that amount does not change during a chapter 13 case.

Vickie L. Goldapske and Ronald A. Goldapske · filed 2024-03-06(10A)(1)

Section 101(10A) defines “current monthly income” as “the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during” a specified 6-month period preceding the filing of the petition. §101(10A)(1). As this period is static through a chapter 13 case, a debtor’s “current monthly income” does not change and is, therefore, referred to here in the present tense and as a fixed amount.

Section 101(10A) includes regular third-party payments for a debtor’s household expenses and dependent children’s household expenses in current monthly income, even when those payments are outside the bankruptcy estate.

In Re: Michael D. Schimek · filed 2024-10-09(10A)(B)(i)

Not only is the definition of CMI different from the definition of the debtor’s estate, but it is also broader, as it expressly includes sums paid by a third party for the “household expenses of the debtor or the debtor’s dependents”—amounts that may not necessarily fall within the debtor’s estate.

Current monthly income includes regular in-kind contributions toward a debtor’s household expenses.

Justin v. De Flandres · filed 2025-09-09(10A)(B)(i)

Notably, this definition of income includes not just amounts paid to the debtor, but also “amount[s] paid . . . on a regular basis for the household expenses of the debtor”—that is, in-kind contributions of the sort Ms. Santos has been making.

Section 101(10A)(B)(i) excludes a nonfiling spouse’s payments on solely owned past debts from current monthly income when those payments cover no current household expense.

Dana Smith · filed 2025-09-30(10A)(B)(i)

For the reasons set forth below, the Court concludes that these payments do not constitute an “amount paid... on a regular basis for the household expenses of the debtor or the debtor’s dependents” within the meaning of § 101(10A)(B).

Section 101(10A)(A) includes realized gains from investment assets sold during the six months before filing in current monthly income.

In re Clark · filed 2025-12-01(10A)(A)

Based on the weight of authority, the court concludes that the gains realized from the sale of an investment asset during the six months prior to filing must be included as “income” for purposes of calculating CMI.

Section 101(10A)(A)(i)’s definition of current monthly income supplies the presumptive starting point for calculating a Chapter 13 debtor’s projected disposable income, subject to a showing of substantially changed circumstances.

Hamilton v. Lanning (In Re Lanning) · filed 2008-11-13(10A)(A)(i)

For the foregoing reasons, we hold that, as to the income side of the § 1325(b)(1)(B) inquiry, the starting point for calculating a Chapter 13 debtor’s “projected disposable income” is presumed to be the debtor’s “current monthly income,” as defined in 11 U.S.C. § 101(10A)(A)(i), subject to a showing of a substantial change in circumstances.

Section 101(10A)(B) excludes Social Security income when calculating income for comparison with the state median.

In re McVicker · filed 2016-02-17(10A)(B)

Taking out the Social Security income that is statutorily excluded under 11 U.S.C. § 101(10A)(B), ... the debtors’ annual income for purposes of calculating whether the Debtors would be above, or below, the median income level is $17,472.

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

In re Leverett · filed 2013-01-23(10A)(B)

At hearing, Debtors testified that they paid Mr. Callahan with income derived from social security, which is exempt from distribution to creditors and therefore is not required to be paid into a Chapter 13 plan. See 11 U.S.C. § 101(10A)(B) (excluding social security income from being included in a debtor’s monthly income); In re Rogos, 700 F.3d 220 (5th Cir.2012).

Section 101 excludes Social Security benefits from current monthly income used in the Chapter 7 means test, but that exclusion does not prevent courts from considering those benefits under § 707(b)(3).

Wayne D. Meehean and Reda L. Meehean · filed 2020-01-27(10A)(B)(ii)(I)

The Court finds it telling that the exclusion of Social Security income from consideration for purposes of the § 707(b)(2) means test is made by clear and explicit language in the Bankruptcy Code, while there is no such language in the Code that excludes such income for purposes of the § 707(b)(3) “totality of the circumstances” test.

Section 101(10A) defines current monthly income to include income from all sources.

Umesh Patel and Lee Umesh Patel · filed 2020-10-15(10A)(A)

Actual “disposable income” under the statutory definition used in the Plan includes, as a matter of law, “income from all sources.”

Section 101(10A) defines current monthly income using the six full months before filing, limiting calculations based on that income measure to that period.

Penfound v. Ruskin · filed 2021-08-10(10A)

In the Penfounds’ case, that figure is based on their average monthly income “derived during the 6-month period” preceding filing. 11 U.S.C. §§ 101(10A), 1325(b)(2); see Davis, 960 F.3d at 352, 356. So, under the CMI interpretation, the statute’s text would not support looking back any further; only those contributions from the preceding six months could even possibly “constitute disposable income as defined in section 1325(b)(2).” 11 U.S.C. § 541(b)(7)(A)(i).

Section 101 excludes Social Security disability payments from current monthly income, so they are not disposable income for a chapter 13 plan.

Soren Grey Gibson and Brenda Faith Gibson · filed 2021-09-16(10A)(B)(ii)(I)

Because of a stipulated fact here, the significance of the issue is lessened, if not eliminated: the Gibsons are dedicating to their plan Brenda Gibson’s Social Security Disability of $1,126.80 per month, which amount is not disposable income. See 11 U.S.C. §§ 101(10A)(B)(ii)(I) and 1325(b)(2).

Section 101(12A) defines bankruptcy petition preparers as debt relief agencies, making the debt relief agency provisions applicable to them.

In Re Bernales · filed 2006-06-19(12A)

These provisions apply to bankruptcy petition preparers because, under 11 U.S.C. § 101(12A), they are expressly defined as debt relief agencies.

Section 101(12A)’s definition of “debt relief agency” includes bankruptcy attorneys who provide bankruptcy assistance to assisted persons for payment.

Hersh v. United States · filed 2006-07-26(12A)

A reading of the text for plain meaning indicates that the term “debt relief agency” includes bankruptcy attorneys such as Hersh.

Section 101(12A) includes attorneys who provide bankruptcy assistance to assisted persons for compensation within the definition of “debt relief agency.”

Olsen v. Gonzales · filed 2006-08-11(12A)

However, it is the plain language of the Act that leads to the conclusion that attorneys are to be included in the definition of “debt relief agency.”

Section 101(12A) does not treat unpaid pro bono counsel as a debt relief agency; credit toward a state bar pro bono requirement is not valuable consideration.

In Re Reyes · filed 2007-01-17(12A)

The fact that the attorney is complying with a Florida Bar rule relating to pro bono services does not constitute the “return” of valuable consideration to the attorney from the Debtor.

Section 101(12A) includes attorneys who provide bankruptcy assistance to assisted persons for payment in its definition of debt relief agency.

Milavetz, Gallop & Milavetz, P.A. v. United States · filed 2008-09-04(12A)

Because attorneys were not specifically excluded from the definition of debt relief agencies, we hold that attorneys that provide "bankruptcy assistance" to "assisted persons" are "debt relief agencies" as that term is defined by the Code.

Section 101(12A) includes attorneys who provide bankruptcy assistance to assisted persons in the definition of debt relief agencies.

Connecticut Bar Ass'n v. United States · filed 2008-09-09(12A)

The Court finds in reading the statute for its plain meaning that attorneys are debt relief agencies.

Section 101(12A) includes attorneys who provide bankruptcy assistance to assisted persons for money or other valuable consideration in the definition of debt relief agency.

Hersh v. United States Ex Rel. Mukasey · filed 2008-12-18(12A)

For the reasons stated, we agree with the Eighth Circuit’s unanimous opinion in Milavetz on this issue and we hold that the district court properly concluded that, under the plain language of the section 101(12A) definition, an attorney providing, “in return for the payment of money or other valuable consideration,” “bankruptcy assistance,” as defined in section 101(4A), to an “assisted person,” as defined in section 101(3), is a “debt relief agency” for purposes of the BAPCPA.

Section 101(12A) defines a bankruptcy petition preparer under section 110 as a debt relief agency.

Adams v. Giordano (In Re Clarke) · filed 2009-06-15(12A)

Further, pursuant to 11 U.S.C. § 101(12A), a bankruptcy petition preparer under section 110 of the Bankruptcy Code is automatically defined as a “debt relief agency.”

Section 101(12A) includes attorneys who provide bankruptcy assistance to assisted persons within the definition of debt relief agency.

Milavetz, Gallop & Milavetz, P. A. v. United States · filed 2010-03-08(12A)

Accordingly, we hold that attorneys who pro vide bankruptcy assistance to assisted persons are debt relief agencies within the meaning of the BAPCPA.

Section 101(12A) includes attorneys who advise consumer debtors contemplating bankruptcy within the definition of debt relief agency.

Connecticut Bar Ass'n v. United States · filed 2010-09-07(12A)

Following this holding, we review plaintiffs’ constitutional challenge to the statutes at issue with the understanding that the only attorneys qualifying as debt relief agencies are those advising consumer debtors contemplating bankruptcy.

Section 101(12A) includes bankruptcy petition preparers in the definition of “debt relief agency.”

United States Trustee v. Burton (In re Rosario) · filed 2013-05-29(12A)

In addition to the specific provisions governing bankruptcy petition preparers set forth in § 110, petition preparers are also “debt relief agencies” under the Bankruptcy Code, pursuant to § 101(12A).

Section 101(12A)’s definition of a debt relief agency includes an attorney representing debtors in bankruptcy.

In re Michel · filed 2014-04-08(12A)

As Debtors’ attorney, Mr. Finwall is a “debt relief agency.”

A promise of payment can be valuable consideration that makes a provider of bankruptcy assistance a debt relief agency.

In re Hanawahine · filed 2017-09-21(12A)

Even if he were not a partner, Woo is still a “debt relief agency” since he received “other valuable consideration” for his services (i.e., a promise of payment).

A bankruptcy petition preparer is a debt relief agency under § 101(12A).

HARRINGTON v. SYNERGY LAW, LLC · filed 2019-09-27(12A)

The Court has found the Synergy Defendants acted as bankruptcy petition preparers in this case (see Section D, supra) and thus they are also debt relief agencies.

A bankruptcy petition preparer is a debt relief agency, but its officers, directors, employees, and agents are excluded unless they individually provide services to the debtor.

Matthew C Abel · filed 2019-09-27(12A)

The Court has found the Synergy Defendants acted as bankruptcy petition preparers in this case (see Section D, supra) and thus they are also debt relief agencies.6 However, the record here is insufficient to establish that Defendants Scott Marinelli, Dave Maresca, Monica Chapman, Stephanie Turk, and Terrylle Blackstone each individually provided services to the Debtor sufficient to overcome their exclusion under subparagraph (A).

Section 101(12A) treats a debtor’s attorney as a debt relief agency.

Chanda S. Carr · filed 2020-01-22(12A)

A debtor’s attorney is considered a “debt relief agency” under the Code.

Section 101(12A) includes bankruptcy attorneys in the definition of a debt relief agency.

Cynthia Santos · filed 2020-03-17(12A)

Under the Bankruptcy Code, a bankruptcy attorney falls within the definition of a “debt relief agency.”

Section 101(12A) includes a debtor’s attorney in the definition of a debt relief agency.

Jeffery Lee Taulbee and Ida Mae Taulbee · filed 2020-04-02(12A)

A debtor’s attorney is considered a “debt relief agency” under the Bankruptcy Code. 11 U.S.C. § 101(12A); see also Milavetz, Gallop & Milavetz v. United States, 559 U.S. 229, 235-36 (2010).

Section 101(12A) defines a debt relief agency to include a person paid to provide bankruptcy assistance to an assisted person.

Susan Jacille Marks · filed 2021-05-25(12A)

Tallini, Babbs, and Babbs Law provided bankruptcy assistance to assisted persons, were paid for their services, and as a result, meet the definition of “debt relief agency” under § 101(12A).

Section 101(12A) defines a debt relief agency to include a person paid to provide bankruptcy assistance to an assisted person.

Sharon Kay Driggers · filed 2021-05-25(12A)

Tallini, Babbs, and Babbs Law provided bankruptcy assistance to assisted persons, were paid for their services, and as a result, meet the definition of “debt relief agency” under § 101(12A).

Section 101(12A)’s definition of a debt relief agency covers both an individual attorney and a law firm that provide assistance to debtors.

Teresa Denise Green · filed 2021-11-03(12A)

Brown and Recovery Law are each a “debt relief agency” as defined in 11 U.S.C. § 101(12A) and provided assistance to debtors in this District.

Section 101(12A) defines a debt relief agency to include a person paid to provide bankruptcy assistance to an assisted person, subject to listed exclusions.

Duane Eric Burnett · filed 2022-03-16(12A)

“Debt relief agency” is defined in § 101(12A) as “any person who provides any bankruptcy assistance to an assisted person in return for payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110.” Section 101(12A) contains exclusions from its definition, none of which are applicable here. ... It is clear that Recovery Law is a debt relief agency and the debtor is an assisted person.

Section 101(12A) includes attorneys for bankruptcy debtors within the definition of debt relief agencies.

Hali Maeann Suazo · filed 2022-05-10(12A)

Attorneys for bankruptcy debtors are included within the definition of “debt relief agencies” and therefore are subject to such requirements and limitations.

Section 101(12A) includes attorneys who provide bankruptcy assistance for payment within the definition of debt relief agencies.

Hali Maeann Suazo · filed 2022-06-17(12A)

Attorneys for bankruptcy debtors are included within the definition of “debt relief agencies” and therefore are subject to such requirements and limitations. ... So, Ovation and Mr. Shultz were required to comply with Section 526 in their dealings with Ms. Suazo.

Section 101(12A) includes attorneys and law firms that provide bankruptcy assistance to assisted persons within the definition of debt relief agency.

Patrick S. Layng, United States Trustee for Region v. Barclay · filed 2023-01-10(12A)

The Court already has determined that the Defendants are “debt relief agenc[ies]” that provided “bankruptcy assistance” to the Debtors who themselves are “assisted persons.”