Thursday, June 19, 2014

What is Income under 101(10A) for purposes of a Chapter 13 Case - ND Georgia Case

Congress has defined current monthly income as the average monthly income but the Georgia Court was faced with trying to define "income".  The Court determined that Congress intended that "income" was meant 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).




In re Kuwik


United States Bankruptcy Court for the Northern District of Georgia


May 23, 2014, Decided


Case No. 13-77137-JRS Chapter 13

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