Is unemployment compensation "current monthly income" for bankruptcy purposes?

That can be an important question, writes law student Brent Wilson in his article in the latest ISBA Commercial, Banking & Bankruptcy Law newsletter. "The means test of BAPCPA incorporates 'current monthly income' and uses it as an initial hoop that consumer debtors must jump through. If the debtor’s 'current monthly income' is too high according to the median wages of individuals in the debtor’s state, the debtor may not be granted access to Chapter 7 bankruptcy relief." And it's a question courts are struggling with, he writes. Two bankruptcy courts have said "no," unemployment benefits are not "currently monthly income," while two -- most recently the Bankruptcy Court for the Central District of Illinois -- have said "yes." Read his article.
Posted on March 12, 2010 by Mark S. Mathewson
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