By Craig Andresen, Attorney at Law on Feb 25, 2008 in Means Testing | 0 Comments
Some of the categories of expense on the bankruptcy means test form (Form B22A for chapter 7, Form B22C for chapter 13) are “special.” This is because unlike the categories which use an IRS standard allowance to determine one of your household living expenses, the “special” categories use the actual expenses you incur for [...]
By Craig Andresen, Attorney at Law on Feb 24, 2008 in Means Testing | 0 Comments
One of the changes which became effective January 1, 2008, for the bankruptcy “means test” concerns expenses for health care. Lines 19B and 31 of Form B22 (chapter 7), and lines 24B and 36 of Form B22C (chapter 13), now constitute a two-part listing for health care expenses, including a minimum allowance you are entitled to [...]
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Feb 23, 2008 in California, Chapter 7 Bankruptcy, Means Testing | 0 Comments
Over the past few years, I find that I receive a lot of questions about the median income part of the means test. Here is an example of a question that I recently received through my Atlanta bankruptcy blog:
We are trying to determine if my unemployed wife can file a Chapter 7 BK on [...]
By Carmen Dellutri, Attorney at Law on Feb 19, 2008 in Bankruptcy Legislation, Means Testing, Medical Bankruptcy | 0 Comments
The Medical Bankruptcy Fairness Act, H.R. 5138, was introduced in the House of Representatives on January 28, 2008. This bill, if passed in its present form, would amend the Bankruptcy Code is several different ways.
Before we begin analyzing the bill and the changes that could be made to the Bankruptcy Code, it is important [...]
By Craig Andresen, Attorney at Law on Feb 19, 2008 in General Bankruptcy Information, Means Testing | 0 Comments
There are two different levels of financial information required to file bankruptcy under chapter 7 or chapter 13. If you’re lucky (at least from a bankruptcy perspective), your annual household income, for a household of your size, is below your state’s median annual income.
If so, your lawyer will need significantly less information from you [...]
By Craig Andresen, Attorney at Law on Feb 18, 2008 in Means Testing | 1 Comment
In a chapter 7 or 13 bankruptcy case, it’s important to take an expense on the the means test form (Form B22A or B22C) for all allowable portions of your monthly home mortgage payment. Line 42 of Form B22A, or Line 47 of Form B22C, is where this expense should be listed. If [...]
By Craig Andresen, Attorney at Law on Feb 16, 2008 in Means Testing | 0 Comments
Line 40 of Form B22A, also known as the “means test” form for use in chapter 7 cases, allows you to include an expense for charitable contributions. This line reads as follows:
Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or financial instruments to a charitable organization [...]
By Craig Andresen, Attorney at Law on Feb 14, 2008 in General Bankruptcy Information, Means Testing | 0 Comments
Line 32 of Form B22A (the means test form for chapter 7), and Line 37 of Form B22C (the means test form for chapter 13), reads as follows:
Other Necessary Expenses: telecommunications services. Enter the total average monthly amount that you actually pay for telecommunications services other than your basic home telephone and cell phone service — [...]
By Craig Andresen, Attorney at Law on Feb 10, 2008 in Means Testing | 0 Comments
Having an expense account means that money you spend in the course of your employment is returned to you by your employer. That’s a sensible business move that keeps an employee happy — usually. However, expense account reimbursements can create a problem for someone filing bankruptcy, because the U.S. Trustee considers such payments as being “income” [...]
By Craig Andresen, Attorney at Law on Jan 31, 2008 in Chapter 13 Bankruptcy, General Bankruptcy Information, Means Testing | 0 Comments
Child support you receive is counted as income for purposes of the “means test” in both chapter 7 and chapter 13 cases. In a chapter 7 case, there is little that can be done if the inclusion of child support income causes your means test income figures to become too high to file under that chapter. [...]
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