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Recent Posts in Means Test Category

Are Your Student Loans Non-Consumer Debts, Thus Allowing You to File a Chapter 7 Case?

A couple months ago we dug into this question, and why it matters. See " Avoiding the Means Test If Your Student Loans are Non-Consumer Debts." It matters because skipping the means test may ...
Continue reading "Are Your Student Loans Non-Consumer Debts, Thus Allowing You to File a Chapter 7 Case?" »

Avoiding the Means Test if Your Student Loans Are Non-Consumer Debts

WHY DOES IT MATTER WHETHER OR NOT STUDENT LOANS ARE CONSIDERED CONSUMER DEBTS? Whether your student loans are considered consumer debts may determine whether you can file a Chapter 7 "straight ...
Continue reading "Avoiding the Means Test if Your Student Loans Are Non-Consumer Debts" »

Social Security Act Benefits Exclusion is Broadened by the 9th Circuit BAP

THE ROLE OF "CURRENT MONTHLY INCOME" IN CHAPTER 13 Whether or not a particular source of a debtor's incoming funds is considered part of his or her "current monthly income" can ...
Continue reading "Social Security Act Benefits Exclusion is Broadened by the 9th Circuit BAP" »

Timing Issues for Passing the Means Test

WHAT'S THE MEANS TEST? The means test determines whether or not you qualify for Chapter 7 "straight bankruptcy." Those who don't pass the test are considered in the eyes of the law ...
Continue reading "Timing Issues for Passing the Means Test" »

Car Operating Expense of $200 Not Allowed by 9th Circuit BAP

The Bankruptcy Appellate Panel of the 9th Circuit recently rejected the argument that deducting the $200 older vehicle expense was allowable. The BAP in In Re Leudtke founds that the IRS National and ...
Continue reading "Car Operating Expense of $200 Not Allowed by 9th Circuit BAP" »

Am I Disqualified from Filing Bankruptcy If My Income Is Too High?

It is extremely likely the amount of your income will not disqualify you from filing bankruptcy. Almost nobody who needs financial relief is disqualified from getting some kind of bankruptcy relief ...
Continue reading "Am I Disqualified from Filing Bankruptcy If My Income Is Too High?" »

Social Security Income Not Considered in Good Faith Inquiry

A recent 9th circuit decision is an important victory for debtors in the debate of whether Social Security income needs to be considered in calculating the Chapter 13 plan payments. The decision found ...
Continue reading "Social Security Income Not Considered in Good Faith Inquiry" »

Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect

Coincidentally, two different sets of legal changes both became effective on April 1, 2013. One set of changes was to the state-by-state "median income" amounts. These affect whether or not you would ...
Continue reading "Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect" »

If You Filed Bankruptcy Right Before the 2005 Law Change, You Can Likely File Again Now or Very Soon

Although you'd hope that a single bankruptcy is all that you would ever need, if you ever DO need that relief again it's good to know when it does become available. Did You File Bankruptcy During or ...
Continue reading "If You Filed Bankruptcy Right Before the 2005 Law Change, You Can Likely File Again Now or Very Soon" »

How Bankruptcy Law Defines "Household" Can Have a Huge Effect on Your Chapter 13 Case

The size of your "household" can determine whether you pay into your Chapter 13 case for 3 or 5 years, and how much you pay each month. In a blog last month I told you how the number of people in your ...
Continue reading "How Bankruptcy Law Defines "Household" Can Have a Huge Effect on Your Chapter 13 Case" »

The Size of Your Household Affects Your Ability to Pass the "Means Test"

Whether you may file a Chapter 7 bankruptcy can depend on how many people are in your "household." And that can depend on how the law defines that term. The more people you can consider to be in your ...
Continue reading "The Size of Your Household Affects Your Ability to Pass the "Means Test"" »

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