Posted by Jim Haller - June 23rd, 2024
In In re Cooper, Case No. 24-1084 (9th Cir. 2024) the Ninth Circuit is determining whether the Ninth Circuit B.A.P. erred when it held that the Social Security Administration (SSA) could recoup an overpayment of Social Security Disability Insurance (SSDI) benefits from Darrin Cooper’s ongoing SSDI payments, without violating the discharge injunction in bankruptcy. Read More
Posted by NCBRC - November 26th, 2012
Type: Amicus brief
Date: October 11, 2012
Description: Whether social security income is included in “projected disposable income.”
Result: Judgment affirmed March 25, 2013 – debtor won
Welsh opinion
Welsh NACBA amicus brief
Posted by NCBRC - October 17th, 2012
Type: Amicus
Date: October 16, 2012
Description: Whether social security income is included in projected disposable income.
Result: Vacated and remanded, July 1, 2013
Brief
Mort Ranta 4th Cir opinion
Posted by NCBRC - June 18th, 2012
Type: Amicus
Date: June 12, 2012
Description: Whether social security income should be excluded from calculation of projected disposable income.
Result: Judgment affirmed, October 24, 2012
Cranmer opinion
Cranmer NCBRC amicus
Posted by NCBRC - April 2nd, 2012
Type: Amicus
Date: March 27, 2012
Description: Whether social security income may be considered in good faith analysis or for purposes of confirming plan over objection of trustee.
Result: Judgment affirmed. Debtor won.
Ragos opinion
Ragos NACBA amicus
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: October 29, 2009
Description: Whether unemployment compensation is excluded from CMI as social security benefit.
Result: Affirmed. Debtor lost.
Washington MD Ala opinion
Washington v. Reding NACBA amicus brief