SSI is not considered for the means-test or 1325(b)(1)(B)

Social Security Income under the new act is NOT used in either the means-test calculation or under Schedule I vs J to determine the disposable income per month. You must still list the income under Schedule I but the Trustee cannot deny the confirmation of the Plan for failure to contribute the SSI to the creditors under 1325(b)(1)(B).

This decision does not address the bad faith issue of 1325(c). Meaning that the trustee may raise the issue that it is bad faith to keep $1,000 disposable social security income in his pocket each month and NOT pay his creditors. Keep in mind that the goal of bankruptcy is a balancing test between the rights of the creditors and the rights of the debtors.

I think this will be the next issue raised in the near future.