The trustee calculated Millers current monthly income to be ($6,601.91.) The disagreement stemmed from a paycheck Miller

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The trustee calculated Miller’s current monthly income to be \($6,601.91.\) The disagreement stemmed from a paycheck Miller received on October 10, 2013, in the amount of \($2,942.66,\) for wages that were earned prior to the statutory six-month period. The issue was thus whether the definition of “current monthly income” encompassed all of Miller’s income received during the prescribed six-month period or whether the income must have been both received and earned during that period. Miller contended “current monthly income” should be defined to require both received and earned during the look-back period. The trustee argued that the definitions of “received” and “derived” were synonymous and included all income received by a debtor during that period. Was Miller’s statement of his income inaccurate such as to merit dismissal of his bankruptcy petition?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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