News Topic: Means Test
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NCBJ 2021: Legislative Wish Lists and Realities
Fourth Circuit: Debtors Entitled To Full National And Local Standard Amount Of Expenses If They Incur An Expense In That Category.
Judge Bonapfel: Above-Median Chapter 13 Debtor Can Deduct Title Pawn Or Non-Purchase Money Debt As Vehicle Ownership Costs In Calculating Disposable Income
The Means Test: "Household" Size and Contributions
Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055. ... Read full article
Debtors Pass Means Test But Case Dismissed Based on the Totality of Circumstances of the Debtors' Financial Situation
In the case of In re Parada , 2008 WL 126626 (Bkrtcy.S.D.Fla. January 10, 2008)(Isicoff, J.) the court was presented with the U.S. Trustee's motion to dismiss the chapter 7 debtors' case as an abuse pursuant to section 707(b)(1) by the ... Read full article
11th Circuit: Non-Filing Spouse’s Income And Expenses Can Be Used To Find Abuse Under Section 707(b)(3)(B).
In In re Kulakowski , No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. ... Read full article
11th Circuit: Non-Filing Spouse’s Income And Expenses Can Be Used To Find Abuse Under Section 707(b)(3)(B).
In In re Kulakowski , No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. ... Read full article
DIY Bankruptcy Means Test — You Always Pass!
Do It Yourself projects can be terrifying — and satisfying too. Sprucing up your home on your own, repairing the car, even doing your own tax returns can be challenging but helps save you money and makes you more independent. ... Read full article
Debtors Pass Means Test But Case Dismissed Based on the Totality of Circumstances of the Debtors' Financial Situation
Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055. ... Read full article
U.S. Supreme Court in Lanning Adopts "Forward Looking Approach"
Planning Retirement Distributions To Qualify For Chapter 7
Withdrawals from your IRA or other tax deferred retirement accounts is part of income for purposes of calculating eligibility for Chapter 7 bankruptcy under the means test . Many debtors facing bankruptcy are using retirement income to survive ... Read full article
Can Tax Debt Help In Bankruptcy?
Should You Buy a Car Prior to Filing Chapter 13?
You may want to consider buying a car prior to filing your Chapter 13 bankruptcy case. Filing bankruptcy isn’t a matter of going to your bankruptcy lawyer’s office, plunking your money down, and signing a few documents. It involves planning. ... Read full article
Military Pay And The Chapter 7 Bankruptcy Means Test
The City of New Orleans, where I practice as a consumer bankruptcy attorney, is home to all branches of the United States Armed Forces. ... Read full article
Debtor’s Non-Consumer Debts May Bypass Means Test
To qualify for filing Chapter 7 bankruptcy the debtor’s household income must be below the applicable median income, or the family expenses must offset income to the extent that the debtor passes the means test . Bankruptcy debtors do not have to pass the ... Read full article
Conversion To Chapter 7 Bankruptcy Free From Means Test
A debtor files a Chapter 13 bankruptcy and makes plan payments for several months. Then, the debtor loses his job and is unable to make the Plan payments. The debtor files a notice of conversion to Chapter 7 . ... Read full article
Bankruptcy and College Tuition For Your Children
Is Deficiency Judgment or Short Sale Note a Consumer Debt in Bankruptcy Means Test?
Chapter 7 bankruptcy debtors are excused from the means test if their debts are primary non-consumer debts. The distinction between what is a consumer debt and what is a non-consumer debt is sometimes unclear. Mortgage debt on the debtor’s primary ... Read full article
Retirement Account Contributions Not Allowed While In Chapter 13, Appeals Court Rules