Chapter 7 case dismissed for ‘abuse’ 
Published: December 17, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 7, means test
Chapter 7 debtors could have their case dismissed based on a finding that they “abused” the process by attempting to retain certain luxury items they could have sold to help satisfy their debts, the 11th Circuit has ruled in affirming judgment.
Court’s bankruptcy decision will require ‘creative strategies’
By:
Correy Stephenson
Published: January 14, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, means test, NACBA, National Association of Consumer Bankruptcy Attorneys, Supreme Court
Justice Elena Kagan’s first opinion as a member of the U.S. Supreme Court limited the ability of debtors to take a key deduction and will require strategic planning by bankruptcy practitioners to limit its impact.
Justices: Debtor may not deduct car payments
By:
Correy Stephenson
Published: January 11, 2011
Tags: CHAPTER 13, means test
A Chapter 13 above-means debtor who doesn’t make loan or lease payments may not take the deduction that is otherwise available for ownership of an automobile, the U.S Supreme Court has ruled.
Bankruptcy means test income figures change Nov. 1
By:
Reni Gertner
Published: October 13, 2009
Tags: CHAPTER 13, Chapter 7, means test
New income figures for use in performing the means test under the Bankruptcy Code go into effect for debtors filing petitions beginning on Nov. 1, the U.S. Trustee program has announced.
Debtor can deduct mortgage payments
By:
Pat Murphy
Published: August 8, 2009
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, means test
A Chapter 7 debtor could deduct mortgage payments due for property he planned to surrender for the purpose of determining whether he satisfied the Bankruptcy Code’s new means test, the 1st Circuit has ruled in affirming judgment.
Debtor with roommate can claim two-person household
By:
Pat Murphy
Published: July 13, 2009
Tags: means test
A debtor with a housemate could claim that she lived in a two-person household for the purpose of determining her ability to repay creditors under the Bankruptcy Code’s new means-testing regime, a U.S. Bankruptcy Court in Minnesota has ruled in confirming a Chapter 13 plan.
Debtors can claim vehicle deduction in bankruptcy
By:
Pat Murphy
Published: June 12, 2009
Tags: Chapter 7, means test
Debtors should have been allowed to claim a vehicle deduction in their bankruptcy case – even though they had no loan or lease payments to make on their two cars, the 5th Circuit has ruled in reversing judgment.
401(k) repayment isn’t deductible in bankruptcy
By:
Pat Murphy
Published: June 5, 2009
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, means test
A debtor’s repayment of a loan from his 401(k) fund doesn’t qualify as a deduction from gross income for the purpose of the Bankruptcy Code’s new means testing regime, the 9th Circuit has ruled in affirming the dismissal of a Chapter 7 petition.
