Attorney Fees Are a Means Test Deduction
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney on May 11, 2009 in Featured, Means Testing
Prospective Chapter 13 attorney fees are deductible from income for the Means Test.
You remember the Means Test, don’t you? It’s that nasty form for Above Median Income Debtors to determine if they might be forced into a mandatory five year Chapter 13 case.
Line 44 of the Chapter 7 Form B22A, and Line 49 of the Chapter 13 Form B22C, are incorrect. Each referenced Line’s text states a limit to prepetition priority debt, but the Bankruptcy Code has no such limit. In fact, it includes all priority debt – which includes postpetition attorney fees.
Previously I pointed out another error in Form B22A which relates to the marital adjustment. Be careful out there.
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