Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: Means Test

Fourth Circuit: Debtors Entitled To Full National And Local Standard Amount Of Expenses If They Incur An Expense In That Category.

Posted in Miscellaneous Cases
Our neighbors to the north recently had a key, debtor-friendly, decision in a Chapter 7 case regarding what expenses may be used in the means test calculations.  In In re Jackson, 2017 WL 59011, Ch. 7 No. 16-1358 (4th Cir., January 5, 2017) the debtors had used the entire amount allowed by the “National and… Continue Reading

Judge Bonapfel: Above-Median Chapter 13 Debtor Can Deduct Title Pawn Or Non-Purchase Money Debt As Vehicle Ownership Costs In Calculating Disposable Income

Posted in Northern District Cases
In In re Feagan, 549 B.R. 811, Ch. 13 Case No. 15-40823 (Bankr. N.D. Ga. April 8, 2016) (click here for .pdf of opinion), the issue before Judge Bonapfel was “whether an ‘above-median’ Chapter 13 debtor with car payments on account of a nonpurchase-money debt may deduct the Ownership Costs allowance for purposes of calculating… Continue Reading

11th Circuit: Non-Filing Spouse’s Income And Expenses Can Be Used To Find Abuse Under Section 707(b)(3)(B).

Posted in Eleventh Circuit Cases
In In re Kulakowski, No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. 15, 2013) (click here for .pdf of opinion), the issue was the extent to the Court could consider the income and expenses of the non-filing spouse in determining whether a Chapter 7 case could be dismissed for “substantial abuse” under 11… Continue Reading

New Means Test Figures For Cases Filed After January 1, 2008

Posted in Consumer Bankruptcy Guide, News and Comments
"Updated" Means Test Numbers for October 1, 2008.  If the numbers look similar, it is because they did not change.   Median Income For Georgia Household Size Current Median (pre 1/1/2008) New Median (10/1/2008)           1     $38,086      $39,253           2     $50,001      $52,055           3     $57,254      $59,668           4*… Continue Reading