Home / Chapter 13 / Court cites Baud as a precedent in Tobias decision. Agrees SSI is not disposable income.

Court cites Baud as a precedent in Tobias decision. Agrees SSI is not disposable income.

Tobias was a Court decision made in the Eastern District of MI, Southern Division.  In making the Tobias opinion, the Court specifically requested briefs from parties on Baud and the impact of it on the present case’s Confirmation.
Leading up to this decision the 13 Trustee hadn’t filed any formal objection, but refused to approve of Plan Confirmation.  Debtor Tobias held that Baud applied.
Although Trustee argued SSI needed to be figured into DMI because to not do so is bad faith…since Trustee hadn’t filed an objection based on that, nor even raised that concern specifically at Confirmation, the Court didn’t issue any bad faith decision here, then.
The Court stated Baud was binding in the instant case.  Debtor Tobias was not required to include SSI in projected DMI calculations.