unemployment income and means test

[endisnear]

We have to go step 2 on the means test....i was doing the one on legalconsumer.com and it says this

Unemployment compensation.
Unemployment compensation. Enter the amount in Column A and, if applicable, Column B.

However, if you contend that unemployment compensation received by you or your spouse was a benefit under the Social Security Act, do not list the amount of such compensation in Column A or B, but instead state the amount in the space below:
Unemployment compensation claimed tobe a benefit under the Social Security Act Debtor:
Spouse:

What's this? (From Congressional Committee Report): "Unemployment compensation is given special treatment. Because the federal government provides funding for state unemployment compensation under the Social Security Act, there may be a dispute about whether unemployment compensation is a "benefit received under the Social Security Act." The forms take no position on the merits of this argument, but give debtors the option of reporting unemployment compensation separately from the CMI calculation. This separate reporting allows parties in interest to determine the materiality of an exclusion of unemployment compensation and to challenge it. " In plain English this means, report it separately. It may not affect the result of the test. If it does, it will be a "material" issue that the debtor may want to assert.)

Soooo, my question is, DO i really have to include it, or can i leave it out? Is there really a yes or no answer to this? We are in CA by the way, if it makes a difference.

[endisnear]

anyone?????

[zim]

Unemployment compensationChap 7 bankruptcy

I am confused about the unemployment compensation and whether its considered income for the sake of chapter 7 bankruptcy or not. My issue is that under federal law, you can claim your unemployment as exempt so if it is claimed as exempt why would you calculate as income on the Schedule I or the means test. Moreover, on the means test form, there is a section where it states that you can list your unemployment as a benefit of the social security act, if that is the case, then the amout you get under UI is not factored into the calculations.

So does anyone know, which is it. Should it be calculated as income if it is exempt? Is unemployment a benefit of the social security act in MA?

Help anyone?

[zim]

[Walter]

So what did you conclude, Zim? ;)

I am STILL grappling with this one on Schedule I.

Debtor is showing Social Security disability for line #11 and I was showing non-fliling spouse's unemployment compensation on the same line, but this pushed DMI up too much.

On Form 22, the social security is backed out from the means test calculation, so we are fine on Form 22, but too high on Schedule I (too high by the amount of unemployment received).

I wish I could find out definitively whether or not unemployment compensation is listed on Schedule I.

[Walter]

Disregard my question: According to NOLO, you do, in fact, list unemployment compensation for line #11.

[mwr]

Since when is NOLO an authority? I'm not saying you do or don't need to include unemployment compensation in CMI on the Means Test. I'm saying that as far as I can find, it varies jurisdiction by jurisdiction and I don't consider NOLO an authority on this or any other thing.

Disregard my question: According to NOLO, you do, in fact, list unemployment compensation for line #11.

[adm]

We are in the same boat. Using only my income we qualify for Ch.7 but w/spouse's UI, we're over. BUT obviously UI doesn't last forever....and spouse has been on UI since Nov 2008! Apparently our local district has held both ways :/ Since spouse won't get UI for the next 5 yrs it seems crazy to include and there is pretty much no hope of a job even at spouses's current UI....it will likely be PT employment. So frustrating :/