Judge Votolato Holds that Means Test form must be filed in cases converted to Chapter 7

26 Jan Judge Votolato Holds that Means Test form must be filed in cases converted to Chapter 7

Long-time Rhode Island Bankruptcy Judge Arthur N. Votolato held recently in the case of In re Perfetto, — B.R. —-, 2007 WL 172190 (Bankr.D.R.I., Jan 19, 2007)(NO. 06-10509) that upon conversion from Chapter 13 to Chapter 7 a debtor must file the B22A (means test) form. The import of this is that above median-income debtors in converted cases will have to run the means test gauntlet just like those who start out in Chapter 7 cases. The judge called the issue one that raised “an issue of first impression in the Nation.”

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