Q: I FILED BANKRUPTCY CHAPTER 13 IN THE THE EASTERN DISTRICT IN MAY 2017. SHOULD SOCIAL SECURITY BE INCLUDED IN CMI?
My plan has been amended twice and denied twice by the Trustee. I am still making payments. I feel as though this is becoming very personal and not professional. Also I want to challenge the Trustee in regard to Social security being a part of the monthly income. What is the law in Missouri in regard to including social security? My payments have gone from 2,400 to 3,150 down to 2,000 and still no accepted plan.
A: Social security is not included in the calculation of CMI. Contact your attorney and if you do not have one it is past the time to hire one. Over 90% of pro se chapter 13 bankruptcies end up being dismissed. Contact a local bankruptcy attorney and schedule a consultation. It may be more difficult to find an attorney to take over a case. If your ends up being dismissed do not file a second case without hiring a bankruptcy attorney. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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