Keywords:
special circumstances .
means test .
In trying to encapsulate the "special circumstances" rule in a shorthand word or phrase, courts have utilized various concepts. Here: "Beyond the reasonable control of the debtor".
"The Court cannot conclude that Congress intended the 'special circumstances' exception to strict application of the means test to undermine the unambiguous definition of CMI. Section 101(10A) sets forth specific enumerated exceptions to categories of income that must be included in CMI. A non-recurring, one-time only payment is not one of those exceptions."
A de minimus or zero percent dividend in a hypothetical Chapter 13 is not a special circumstance.
Special circumstances creating strain on the debtor's budget must be outside of the debtor's control.
The special circumstances must justify an additional expense or an adjustment to income sufficient to rebut the presumption of abuse.
An unusually high transportation expense is not a special circumstance.
In trying to encapsulate the "special circumstances" rule in a shorthand word or phrase, courts have utilized various concepts. Here: "Unanticipated" and "Truly unavoidable"
An unusually high transportation expense is a special circumstance.
Joint debtors who maintain separate households is a special circumstance.
"The Court cannot conclude that Congress intended the 'special circumstances' exception to strict application of the means test to undermine the unambiguous definition of CMI. Section 101(10A) sets forth specific enumerated exceptions to categories of income that must be included in CMI. A non-recurring, one-time only payment is not one of those exceptions."
A de minimus or zero percent dividend in a hypothetical Chapter 13 is not a special circumstance.
Special circumstances creating strain on the debtor's budget must be outside of the debtor's control.
The special circumstances must justify an additional expense or an adjustment to income sufficient to rebut the presumption of abuse.
In trying to encapsulate the "special circumstances" rule in a shorthand word or phrase, courts have utilized various concepts. Here: "Beyond the reasonable control of the debtor".
An unusually high transportation expense is not a special circumstance.
In trying to encapsulate the "special circumstances" rule in a shorthand word or phrase, courts have utilized various concepts. Here: "Unanticipated" and "Truly unavoidable"
An unusually high transportation expense is a special circumstance.
Joint debtors who maintain separate households is a special circumstance.
All Cases A to Z