Oregon residents will be affected by the new means test/median income numbers announced by the United States Trustee Program Department of Justice. The numbers are adjusted periodically by the U.S. Trustee Program and generally have a negative impact on those wishing to file a Chapter 7 bankruptcy.

Although it has been in effect for several years, the median income/means test provisions of the Bankruptcy Code continue to confuse potential bankruptcy filers.
In my Atlanta, Georgia bankruptcy practice, I regularly get questions from new clients about the two “budgets” that are filed in Chapter 7 and Chapter 13 cases.  The first “budget” is the [...]

For the first time since means testing was introduced in 2005, several of the median income numbers for Georgia families have gone down.  This means that the presumption of abuse is more likely to arise for Georgia filers.
Here is an example:  if you have a family of 4 and file Chapter 7 on October 31 [...]

Under the Bankruptcy Code, we calculate your “current monthly income” to see if you qualify for a chapter 7 case. Those with “current monthly income” more than the median income are presumed to be abusing the bankruptcy system if they file a chapter 7.  They can “overcome” this presumption in some cases through the complex [...]

If you are a consumer thinking about filing bankruptcy, you will want to figure out whether to file bankruptcy before or after November 1 when changes to the income eligibility guidelines take effect.  For some people, the means test changes will help and for others the changes will hurt.
In Kansas, for example, median family income [...]

The income figures used on the bankruptcy means test will change for debtors filing petitions on and after November 1, 2009,  the U.S. Trustee program has announced. The numbers could go up or down.  Some people are predicting lower figures due to the economic downturn.
Data from the U.S. Census Bureau is adjusted for family size [...]

Pledge your car for a small loan and save big when you file bankruptcy. Such idiocy follows from the 9th Circuit Court of Appeals decision in Ransom.
At issue was whether a debtor got a deduction on the means test for the costs of acquiring a car if the car was fully paid for. [...]

You  have to pass the means test if your debts are “primarily” consumer debts.  This isn’t quite as easy as it sounds. Why?  The word “primarily” is not defined in the Bankruptcy Code.
So how do we figure this out?
Well, first what’s a “consumer debt”?  That’s not so hard – “consumer debts” are defined in the [...]

Some persons considering filing a chapter 7 or chapter 13 bankruptcy case might be concerned about their level of income being inflated due to working overtime hours, or having a part-time job in addition to their main full-time job.  The concern is that the heightened level of income might render the debtor ineligible for chapter 7 [...]

Whether to allow a debtor to claim a deduction on the bankruptcy means test for the ownership expense of a car if there is no debt on it is quickly being resolved by the courts.
Today, the Eighth Circuit Court of Appeals concluded that the deduction would be allowed.  The circuit court joins with the Fifth [...]