August 16, 2017

Attorneys Who Don’t Understand Bankruptcy’s Means Test: A Case Study

I was recently consulted by a highly-paid professional.  He was quite distraught over his financial plight that included debts of over $1,000,000.  He had consulted another attorney who had indicated to him that he was going to have difficulty filing a Chapter 7 bankruptcy case because of the amount of his income. He was at his wits end. I analyzed his situation. Two ways the Bankruptcy Code … [Read more...]

The Means Test Often Decides Whether You File Chapter 7 or Chapter 13 Bankruptcy

In 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was signed into law, and continues to be the law applicable to bankruptcies filed on or after October 17, 2005.   BAPCPA was the result of the credit card industry’s lobbying efforts, and reflects the industry’s goal of forcing more debtors to repay something to creditors by disqualifying them from a Chapter 7 with a … [Read more...]

The Bankruptcy Means Test: Don’t Make Assumptions

Virtually everyone who is considering bankruptcy goes online to get information regarding the bankruptcy process.  These folks will almost certainly encounter the “means test." This is a part of the bankruptcy law that makes it harder to file a Chapter 7, liquidating bankruptcy. The means test purportedly exists to stop people from abusing the bankruptcy law by filing Chapter 7 cases when they … [Read more...]

Military Personnel Exempt from Bankruptcy Means Testing

 On December 13, 2011, the President signed into law H.R. 2192, the National Guard and Reservist Debt Relief Extension Act of 2011. This law exempts certain military and homeland defense members from a means-test presumption of abuse in determining eligibility for Chapter 7 bankruptcy relief.  In essence, it extends a similar protection that has been in place for a while now.  There is, of course, … [Read more...]