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I and J and Means Test Time Applicable Time Periods
Well, 101(10A)(A)(ii) allows the court to determine the date on
which the means test income is determined *IF* the debtor does not
file the means test form required by 521(a)(1)(B)(ii). So the issue
then becomes, does filing Form 22C (for Chapter 13) constitute a
filing of the form required in Chapter 7 (22A). I agree with Hale
that that would be a stretch.
On the other hand, something presumably needs to be filed to show
changed circumstances or else everyone who didn't qualify for
Chapter 7 on means test grounds would simply file a Chapter 13
(assuming they are otherwise eligible) and then convert their case
in a few months. However, none of this is dealt with in the Code
(well done again, Congressional Drafters....). I'm about to file
my first post-BAPCPA 13 to 7 conversion myself because my client
lost their job 7 months ago, received a little unemployment for a
couple of months, but now that is gone. According to the means test
existing on the date their original case was commenced, they do not
qualify for Chapter 7. If all else fails, we can let the case be
dismissed and then file a new Chapter 7 (albeit with only 30 days of
automatic stay protection, but the debtors are most likely going to
lose their house now anyway).
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
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