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If you’re a debtor filing for chapter 13 bankruptcy you will be required to take a means test to determine if there is enough disposable income to fund a Chapter 13 bankruptcy. During Chapter 13 bankruptcy, a debtor will be required to fill out a B22 form which will generate a budget, with expense categories – housing, food, clothing, transportation etc.

Means Test In Chapter 13. The means test now governs whether a proposed Chapter 13 plan meets the "best efforts" test for confirmation. The alternate confirmation tests is the "best interests of creditors" test. It requires that creditors get at least as much in a Chapter 13 as they would have gotten in a Chapter 7 case.

Most people who file for bankruptcy need to go through the means test to find out if they quality for Chapter 7 or need to file for Chapter 13. There are, however, some exceptions to this rule. In the old days, discretion was left to the bankruptcy judges to decide whether you could file for Chapter 7 bankruptcy or if there was an abuse of the Bankruptcy Code .

Form 122A-2 is the form certain chapter 7 debtors will complete and the multiplier is entered on Line 36; Form 122C-2 is the form certain chapter 13 debtors will complete and the multiplier is entered on Line 36. Schedules of Actual Administrative Expenses of Administering a Chapter 13 Plan (as Required by 11 U.S.C. 707(b)(2)(A)(ii)(III))

Understanding the Bankruptcy Abuse Prevention And consumer protection act (bapcpa) The Act created a bankruptcy means test that. file for Chapter 7 bankruptcy, which discharges many debts in full,

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A debtor’s repayment of a 401(k) plan loan did not constitute a payment of secured debts or a necessary expense that could be deducted from the debtor’s monthly income for purposes of applying the.

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While Chapter 13 bankruptcy also makes use of a means test, it is not an eligibility test as it is under Chapter 7, nor is the benefits – such as stopping foreclosure – dependent on passing the means test. Rather, the Chapter 13 means test affects the type and duration of the payment plan under the Chapter 13 bankruptcy.

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