CHAPTER 7 WITH SURPLUS OF ABOUT $400 ($3000 net income
Posted: Mon Sep 24, 2018 9:19 am
Hello Nate:Let's walk through this.
She passes the means test, because she has less than the median state income. 707b7A. So you don't have to worry about a 707b2 motion, using the means test presumption.But now any party can file a motion under 707b1 to dismiss or convert to 13. For this motion to succeed, the court must find that "the granting of relief would be an abuse of the provisions of this chapter."I'd have two responses to such a motion: 1. Really? Do you, movant, really believe that allowing a discharge to someone making $36,000 a year and socking away a nest egg of $4,800 in the next year is abusing the bankruptcy system? Give me a break.2. Oops, schedules I&J don't truly reflect this person's financial world. I've looked again at her bank statements, and she doesn't end the month with $400 sitting in her bank account. Here are schedules that more truly reflect how much she spends.- John
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To: "cdcbaa@yahoogroups.com"
Sent: Sunday, September 23, 2018 12:08 PM
Subject: [cdcbaa] CHAPTER 7 WITH SURPLUS OF ABOUT $400 ($3000 net income and $2600 expenses)
Has anyone had a situation where they pass the Means Test but has surplus income to cause a problem filing a Chapter 7? This is 1 person filing and very low rent which is the reason she has this surplus.
I have tried everything for expenses but it seems that the low rent could cause the problem between a 7 and 13.
Thank you,
Nate Berneman
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