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unemployment benefits and repayment plan

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    unemployment benefits and repayment plan

    I'm counting my wife's unemployment benefits as income in the means test because I doubt our trustee will approve the Social Security Act argument. But my understanding is that unemployment benefits are exempt "property" in South Carolina.
    Does that mean that while the means test shows plenty of disposable income, the income that is coming from unemployment benefits ultimately will not have to be factored into the amount ultimately going to unsecured creditors?
    Thanks for your help.

    #2
    i too would like to know the answer to this
    Filed 7/14/11....341 date is 8/23/11

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      #3
      Originally posted by wrenegade View Post
      Does that mean that while the means test shows plenty of disposable income, the income that is coming from unemployment benefits ultimately will not have to be factored into the amount ultimately going to unsecured creditors?
      Since you are filing alone without your wife, you have to add in her income (and in your case, you've decided this includes her unemployment income) at the first part of the Means Test. However, then later in the Means Test, all of her income that is not directly contributing to the running of the household will be subtracted back out. Only what she is regularly contributing to the running of the household will be factored in and impact how much of a Ch 13 payment you will have.

      Regarding whether your wife's unemployment income does need to be counted as income or not....this is a question you need to ask your lawyer.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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