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Tag Archive: debtor’s expenses

Bankruptcy Means Test Meaner as Family Incomes Drop

Posted on February 21, 2010 by Editor

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…

Tags: above median income, bankruptcy, bankruptcy means test, debtor's expenses, disposable income, Filing Bankruptcy, Jill Michaux, Kansas, Means Test

Surrendered Collateral Doesn’t Count on Bankruptcy Means Test?

Posted on January 9, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

22C EXPENSE NOT PERMITTED ON SURRENDERED COLLATERAL In re Miller, Case No. 07-22927 December 2008, Judge Somers This decision ties to the concepts enunciated in the various Lanning decisions, i.e., to what extent may post petition changes in circumstances be considered in determining what is to be paid by an above the line debtor. Digest…

Tags: 22C, bankruptcy, bankruptcy means test, change in circumstances, Chapter 13, chapter 13 bankruptcy, chapter 13 plan amount, collateral, debtor's expenses, how much has to be paid in chapter 13, Judge Somers, Means Test, Miller, surrendered collateral

Deviation from Bankruptcy Means Test for Expenses, Too

Posted on January 7, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

LANNING EXTENDED TO EXPENSE SIDE In re Melvin, Case No. 07-22352 December 2008 Judge Somers Court extended the Lanning analysis and found there was no binding precedent on the issue of whether actual of 22C expenses were mandated and found that 22C expenses may be deviated from also. This is consistent with dicta in Lanning,…

Tags: 22C, Arroyo, B22C, bankruptcy means test, debtor's expenses, Hoss, Judge Karlin, Judge Nugent, Judge Somers, Lanning, Means Test, Melvin

Cram Down Value Used for Means Test in Wichita Bankruptcies

Posted on January 5, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

A DEBTOR MUST USE THE STRIPPED/CRAMMED DOWN AMOUNT FOR PURPOSES OF CURRENT MONTHLY INCOME (CMI) ON LINE 47 OF B22C In re Hoss, Case No. 08-10365 In re Arroyo, Case No. 07-12779 August 2008, Judge Nugent In above median income (AMI) cases, debtors sought to deduct contract payments, rather than the stripped off/crammed down amounts….

Tags: Allen, Arroyo, B22, cram down, current monthly income, debtor's expenses, expenses, Hoss, Judge Karlin, Judge Nugent, Means Test, secured debt, Wichita

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…

Tags: above median debtor, above median income, B22C, debtor's expenses, household expenses, Judge Nugent, marital deduction, Means Test, Shahan