http://www.bankruptcylawnetwork.com/2007/10/17/bapcpa-the-new-bankruptcy-law-a-mean-law/ Real Lawyers, Real Solutions Tue, 10 Nov 2009 16:34:06 -0700 http://wordpress.org/?v=2.8.6 hourly 1 http://www.bankruptcylawnetwork.com/2007/10/17/bapcpa-the-new-bankruptcy-law-a-mean-law/comment-page-1/#comment-28189 Student Loans, The Next Financial Crisis! : Bankruptcy Law Network Thu, 13 Dec 2007 03:48:27 +0000 http://www.bankruptcylawnetwork.com/2007/10/17/bapcpa-the-new-bankruptcy-law-a-mean-law/#comment-28189 [...] 2005 legislative changes made Bankruptcy more difficult and more expensive for the consumer debtor.  Creditors are now [...] [...] 2005 legislative changes made Bankruptcy more difficult and more expensive for the consumer debtor.  Creditors are now [...]

]]> http://www.bankruptcylawnetwork.com/2007/10/17/bapcpa-the-new-bankruptcy-law-a-mean-law/comment-page-1/#comment-24104 The Means Test: What Are Necessary Telecommunication Expenses? : Bankruptcy Law Network Thu, 18 Oct 2007 07:23:26 +0000 http://www.bankruptcylawnetwork.com/2007/10/17/bapcpa-the-new-bankruptcy-law-a-mean-law/#comment-24104 [...] Post-October 2005, above-median debtors now have to complete a “means” analysis (more co...own as the “Means Test”) to determine whether there is a presumption of abuse if they file a Chapter 7. Nearly the same analyis is performed in a Chapter 13 (but now magically transformed into the Disposable Income analysis. The end result after deducting lots of Congressionally-mandated expenses determines whether a debtor can file a Chapter 7 or what they must pay in a Chapter 13. One of the expenses is a deduction for “telecommunication expenses” necessary for the health and welfare of the debtor and his dependents. What on earth does that mean? The only thing we know for sure is what it DOESN’T mean: basic landline telephone service (it says that on the form). The rest of the “telecommunication expenses” are subject to local judicial interpretation. [...] [...] Post-October 2005, above-median debtors now have to complete a “means” analysis (more co…own as the “Means Test”) to determine whether there is a presumption of abuse if they file a Chapter 7. Nearly the same analyis is performed in a Chapter 13 (but now magically transformed into the Disposable Income analysis. The end result after deducting lots of Congressionally-mandated expenses determines whether a debtor can file a Chapter 7 or what they must pay in a Chapter 13. One of the expenses is a deduction for “telecommunication expenses” necessary for the health and welfare of the debtor and his dependents. What on earth does that mean? The only thing we know for sure is what it DOESN’T mean: basic landline telephone service (it says that on the form). The rest of the “telecommunication expenses” are subject to local judicial interpretation. [...]

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