Tag Archive: above median income

Bankruptcy Means Test Meaner as Family Incomes Drop

Posted on February 21, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

As the economy worsens, unemployment rises and family incomes are dropping, getting bankruptcy help gets a little tougher.
The bankruptcy income guidelines go down a few hundred dollars for Kansas cases filed on or after March 15, 2010.  While this change probably won’t disqualify many debtors, the downward trend is disturbing and more evidence the means [...]

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in Bankruptcy News, Means Test.

Means Test Form Controls Unless Significant Changes in Circumstances

Posted on December 21, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

B22C CONTROLS UNLESS SIGNIFICANT CHANGES IN CIRCUMSTANCES
In re Lanning, Case No. 06-41037
May 2007, Judge Karlin
Over the Chapter 13 Trustee’s objection, the Court confirmed the plan because of significant changes in circumstances at the time of filing that caused Line 58 on B22C to be higher than what the debtor could afford to pay. BAP and [...]

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in Chapter 13, Court Rulings, Means Test.

Who Gets Paid Out of Chapter 13 Pool?

Posted on December 18, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

WHAT GETS PAID OUT OF THE B22C POOL?
In re Puetz, Case No 0620756
June 2007, Judge Berger
B22C presumptively shows debtors projected disposable income, schedules I and J no longer determine plan payment for above median debtor, but, rather, demonstrate feasibility unless there are special circumstances justifying adjustments to B22C. This is not the plan payment but [...]

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in Chapter 13, Court Rulings, Means Test.

My Wife Didn't File Bankruptcy, Can I Deduct Her Car Payment on My Means Test?

Posted on December 15, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

NON DEBTOR EXPENSES NOT ALLOWED ON B22C
In re Shahan, Case No. 06-11638
April 2007, Judge Nugent
Above median debtor filed 13; wife did not. Trustee objected to confirmation on basis of various B22C deductions. Debtor was allowed to take a marital deduction on Line 19 from his paycheck, which represented mandatory withholdings from her paycheck and, as [...]

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in Chapter 13, Court Rulings, Filing Bankruptcy, Means Test.