Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: Means Test

Judge Bonapfel – When Are Educational Loans Business Debts For Purposes of Qualifying for Chapter 7?

By Scott Riddle Posted in Consumer Bankruptcy Guide, Northern District Cases
In the case of In re Ruff, 2022 B.R. 1638964, Ch. 7 Case No. 20-68855-pwb (Bankr. N.D.Ga. March 31, 2022) (click here for .pdf) the issue was whether the educational loans owed by the Debtor were “consumer” debts as defined by 11 U.S.C. §101(8) of the Bankruptcy Code, and incorporated into 11 U.S.C. §707(b).  If… Continue Reading

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

By Scott Riddle 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

By Scott Riddle 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

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

By 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