Sorted by Means Test (22A/22C) Line #:

• 73 . Automatic Stay Violations • Type A = Conduct found to be harassing

   

• Lawyers > What BPPs can't do 43 . BPPs, Lawyers, and public protection rules • Type A = BPPs not authorized to give info on exemptions etc. • Type B = BPP charged too much for services • Type C = Lawyer services found incompetent • Type D = Excessive Lawyer Fees

   

• Form :: Line 22A  ::   15 22C  ::   17

  Means Test > Income > CMI six month window 17 . Chapter 13: "applicable commitment period" issues / rebuttal / conversions § 1325(b) • Type A = Use only calculations from Form 22C to determine Applicable Commitment Period (ACP) of 3 or 5 years, actual circumstances irrelevant for commitment period determination. • Type B = • Type C = Shorter period can be used if above median debtor has negative disposable income • Type D = Shorter period can never be used if income is above median and trustee objects

   

• Chapter 13 > Procedure 75 . Chapter 13: "Liquidation test" / "best interest of the creditors test" of 1325 (a)(4) -- issues, timing, computation, deductions • Type A = Liquidation analysis starts with value of assets then substracts admin and other costs of sale • Type B = Test must be applied under 1329 whenever a plan modification is proposed

   

• 49 . Chapter 13: Attorney Fee Issues • Type A = Attorney Payments in Chapter 13 plans • Type B = Attorney's fees for stay violations • Type C = Other Attorney fee issues (including Chapter 7) • Type D = No attorney's fees

   

• Means Test > Income 54 . Chapter 13: Debtor may request alternate six month measuring period for CMI if result would be more accurate • Type A = Allows Debtor to request a resetting of the six month period if debtor does not file Schedule I

   

• 70 . Chapter 13: Debtor must have sufficient income to fund plan to be eligible for Chapter 13 • Type A = Debtor with negative monthly income cannot qualify for Chapter 13 relief if Trustee objects

   

• Chapter 13 > Procedure 62 . Chapter 13: Debtor's right to have own case dismissed • Type A = Debtor can move to have own case dismissed • Type B = Request for dismissal can come only from trustee or judge

   

• Chapter 13 > Plan confirmation 46 . Chapter 13: Favoring one unsecured creditor over another in a Chapter 13 plan • Type A = Student Loan Cases >> see topic Student Loans: Chapter 13... • Type C = Credit Card balance could be paid in full under plan to maintain card for debtor's business • Type D = Payment recovered by trustee.

   

• Form :: Line 22A  ::   18 22C  ::   17

  Chapter 13 > Projected Disposable Income 8 . Chapter 13: How is "Projected Disposable Income" Calculated for Above Median Income Debtors • Type A = Use means test disposable income (preceding six month avg.) on form 22C and apply a multiplier to get Ch 13 projected disposable income • Type B = Use "future" income, looking forward using Schedule I or future w/same income exclusions as MT form • Type C = Form 22C is 'starting point'; may rebut presumption in 22C with evidence of changed circumstance • Type D = Debtor may ask to change applicable date for six-month window for determining "current monthly income"

   

• Form :: Line 22A  ::   18 22C  ::   17

  Chapter 13 > Length of plan 42 . Chapter 13: Length of plan for above median income debtors • Type A = Above median income debtor must have 60 month plan even though no disposable income • Type B = 36 month plan sign of bad faith • Type C = if no disposable income, then 60 month minimum does not apply • Type D = Cannot shorten 60 month plan post-confirmation unless paying unsecured creditors 100%

   

• Form :: Line 22A  ::   42 22C  ::   47

  Chapter 13 > Secured Debts 35 . Chapter 13: Mortgage modification, when allowed • Type A = mortgage must be secured only by real property, and that real property must consist ONLY of the debtors residence • Type B = what is, and is not, a mortgage modification • Type C = security interest in escrow account (as personal property) enough to remove home from anti modification protection of 1322(b)(2) allow cramdown of home

   

• Form :: Line 22A  ::   42 22C  ::   47

  Chapter 13 > Plans > Paying Mortgages Outside the Plan 32 . Chapter 13: Paying mortgages outside the plan • Type A = Arrearage can be cured in plan while contract payments continue outside plan • Type B = "Ride Through" for real estate still exists • Type C = Mortgage must be paid inside the plan

   

• 76 . Chapter 13: Plan modification issues: timing, valuations, surrender etc. • Type A = Disposable income analysis, effective date, assessment of good faith • Type B = Plan modification to surrender of collateral

   

• 69 . Chapter 13: Plan provisions, Miscellaneous issues • Type A = Debtor could impose extra disclosure requirements on mortgage holder regarding allocation of plan payments • Type B = Debtor could not include certain restrictions on creditor within plan • Type C = Debtor could not require creditor to accept less than full payment for release of lien. • Type D = Debtor must follow model plan required by local rules

   

• Form :: Line 22A  ::   42 22C  ::   47

  Chapter 13 > Secured Debts > Judicial Liens 39 . Chapter 13: Stripping Liens • Type A = Liens can be stripped at ANY TIME. Don't need to wait for Discharge • Type B = Lien Stripping requires adversary proceeding, can't be done by statement in plan • Type C = Lien stripping allowed without adversary proceeding • Type D = Lien Stripping not available to Chapter 7 Debtors

   

• Form :: Line 22A  ::   42 22C  ::   47

  Chapter 13 > Secured Debts 40 . Chapter 13: Treatment of wholly unsecured 2nd mortgages • Type A = When senior homestead liens exceed the property's value, junior lines are counted as unsecured debt when determining Chapter 13 debt limits • Type B = Wholly unsecured junior mortgages cannot be stripped without an adversary proceeding • Type C = Wholly unsecured junior mortgages can be stripped without waiting for Ch 13 discharge • Type D = Wholly unsecured junior mortgages cannot be stripped without a Ch 13 discharge

   

• 67 . Chapter 13: When debts are considered 'domestic support payments' for purposes of repayment priority in a chapter 13 plan • Type B = Welfare and foodstamp overpayments (sinister line of cases)

   

• Form :: Line 22A  ::   52 22C  ::

  Means Test > Abuse Presumption > 702(b)(3) "Totality of Circumstances" 9 . Chapter 7: "Totality of Circumstances" 707(b)(3): Debtor permitted -- or not permitted -- to file Chapter 7, regardless of means test result. • Type A = If debtor plans to surrender collateral, lower expenses can be considered dismissing for "totality of circumstances" • Type B = Ability or inability to fund a Chapter 13 plan is relevant to finding of abuse under "totality of circumstances" and/or special circumstances for NOT finding abuse • Type C = ability to repay 401(k) loan a factor in finding abuse under "totality of circumstances" • Type D = abuse found where debtor could reduce "excessive" housing or other expenses

   

• Means Test > Not required for cases converting from Chapter 13? 25 . Chapter 7: Is Ch 7 Means Test Applicable to conversions from failed Chapter 13? • Type A = No, Means test applies only to Chapter 7 filings, not to conversions from Chapter 13 • Type B = Yes, means test applies to converted Chapter 13 cases

   

• 74 . Dischargeability: Willfull and malicious, fradulent, etc. 11 USC § 523(a) • Type A = Act found to be willfull and malicious • Type B = Debt found to involve fraud

   

• Exemptions > Homestead 72 . Exemptions: Adding "100% of FMV" to claimed dollar-amount bankruptcy exemptions - Schwab v Reilly • Type A = Claiming exemption amount as 100% of FMV is proper way to guard against future appreciation of asset from date of filing. • Type B = State law exemptions does not allow debtor to use "100% of FMV" as valuation of asset. • Type C = Trustee canot object to Chapter 13 plan when objection is really a late objection to an exemption valuation, where the debtor had put 100% FMV • Type D = Trustee can object to 100% FMV valuation where statute assigns a dollar limit and trustee contends asset is worth more than that. If no objection from trustee, exemption is treated as completely exempt.

   

• Exemptions > IRAs > Defective IRAs 82 . Exemptions: Are IRA's Exempt if brokerage company had retained a lien on the account for fees as part of boilerplate agreement? • Type A = IRA is NOT EXEMPT if brokerage company retained a lien • Type B = IRA IS EXEMPT if brokerage retained a lien

   

• 33 . Exemptions: Constitutionality of State Bankruptcy-Only Exemption Laws • Type A = General discussion of issue but not on point • Type B = State bankruptcy-only exemptions are NOT preempted by Federal Law • Type C = State bankruptcy-only exemptions ARE Preempted by Federal Law • Type D = Debtors are limited ONLY to bk-only exemptions, even if other state exemptions are more generous

   

• Exemptions > Wage Garnishment 80 . Exemptions: Does Wage Garnishment Law Create an Exemption In Bankruptcy? • Type A = State Wage Garnishment Law DOES NOT create an exemption under bankruptcy • Type B = State Wage Garnishment law DOES create an exemption under bankruptcy • Type C = Federal Wage Garnishment Law DOES NOT create an exemption under bankruptcy • Type D = Federal Wage Garnishment Law DOES create an exemption under bankruptcy

   

• Exemptions > Public Benefits > EITC 84 . Exemptions: Earned Income Tax Credit and/or Child Tax Credit a general "public benefits" exemption under state exemption law? • Type A = EITC and Child tax credit ARE included within "public benefits" exemption • Type B = ETIC IS a pubic benefit but Child tad credit IS NOT covered by "public benefits" exemption • Type C = EITC and Child Tax credit ARE NOT covered "public benefits" exemption

   

• Exemptions > IRAs > Inherited IRAs 77 . Exemptions: Inherited IRAs exempt under either 522(b)(3)(C) or 522(d)(12)? • Type A = Yes. Inherited IRAs are exempt • Type B = No, inherited IRAS are not exempt.

   

• Exemptions > Homestead 37 . Exemptions: Miscellaneous Cases • Type A = Must file homestead declaration if property is not yet occupied. ( Idaho) • Type B = Homestead Exemption limits for "interest" acquired within 1215 day period • Type C = Choice of Law, spouses can be forced to pick separate exemptions • Type D = Other...

   

• Form :: Line 22A  ::   25 22C  ::   30

  Means Test > Expenses > IRS Allowances > Other Necessary Expenses > Student Loans 6 . Expenses: "Other Necessary Expenses" • Type A = Student loan payment found not included • Type B = Telecommunication expenses found to be excessive • Type C = Parochial school tuition found to be necessary • Type D = Support for elderly parents

   

• Form :: Line 22A  ::   26 22C  ::   31

  Means Test > Expenses > Mandatory Payroll Deduction > 401(k) loan repayment deduction 4 . Expenses: 401(k) loan repayment allowed in Chapter 13 but not in Chapter 7: b/c not a "mandatory payroll deduction" or "special circumstance" or " debt" • Type A = Payroll deduction not allowed on Chapter 7 means test, even though they'd be allowed in Chapter 13 • Type B = Fact that payroll deduction for 401(k) loan repayment in Chapter 13 would result in $0 for unsecured creditors is not a "special circumstance" for Chapter 7 determination • Type C = 401(k) loans are not "debts" or "secured debts", therefore cannot be claimed as such on Chapter 7 means test • Type D = Fact that payroll deduction for 401(k) loan repayment in Chapter 13 would result in $0 for unsecured creditors relevant to "totality of circumstances"

   

• Form :: Line 22A  ::   35 22C  ::   40

  Means Test > Expenses > Family member support 36 . Expenses: Deduction for educational expenses of family member • Type A = No deduction for support of adult daughter attending college away from home - muse be disabled or chronically ill • Type B = College expense allowed where part of child support court order

   

• Form :: Line 22A  ::   35 22C  ::

  Means Test> Expenses> 44 . Expenses: Support for care of family members • Type A = Expense allowed for support of elderly parents mortgage and tax payments • Type B = No deduction for support of adult daughter attending college away from home - muse be disabled or chronically ill • Type C = Expenses related to child care allowed • Type D = Expenses peripheral to support payments were not priority claims.

   

• Form :: Line 22A  ::   25 22C  ::

  47 . Expenses: What constitutes a "luxury" vs. a "reasonable and necessary" expense? • Type A = Second car for single debtor not a luxury where good cause shown • Type B = Debtor can be forced to get cheaper alternative replacement • Type C = Debtors NOT required to find cheaper replacement • Type D = Debtor may not keep 'luxury' asset

   

• 58 . Filing Requirements >> Paperwork required • Type A = Re: tax returns • Type B = Undocumented Claims • Type C = pay stubs • Type D = Mailing Matrix

   

• Form :: Line 22A  ::   14b 22C  ::   16b

  Means Test > Household Size 18 . Household Size & Joint Custody • Type A = Joint Custody: Count child if living with you on filing date • Type B = Joint Custody: General Discussion

   

• Form :: Line 22A  ::   14b 22C  ::   16b

  Means Test > Household Size 20 . Household Size & Unborn Children • Type A = Do not count child for purposes of household size and length of Ch 13 plan • Type B = General Discussion

   

• Form :: Line 22A  ::   14b 22C  ::   16b

  Means Test > Household Size 28 . Household Size: Deceased Spouse • Type A = Must include income from deceased spouse in past six months even if no longer part of household. • Type B = No need to include income of deceased spouse

   

• Form :: Line 22A  ::   14b 22C  ::   16b

  Means Test > Household Size > 26 . Household Size: Live-in Relatives & Roommates • Type A = Live in daughter and grandson are part of household but must include contributions to household expenses • Type B = Live in mother part of household but must include contributions to household expenses • Type C = Cannot exclude household members to qualify for above-median expense allowances • Type D = Roommate as household member

   

• Form :: Line 22A  ::   09 22C  ::   08

  Means Test > Income > Unemployment Compensation 34 . Income: Are unemployment compensation payments included in income or part of "social security" • Type A = Include Unemployment Compensation in CMI • Type B = Do NOT include Unemployment Compensation in CMI

   

• Form :: Line 22A  ::   04b 22C  ::   3b

  Chapter 13 > Current Monthly Income > Business Expenses 24 . Income: Business Expenses; Where to deduct business expenses on Form 22C? Does CMI = "gross" or "net" business income? • Type A = Ninth Cir: In Chapter 13, must list gross receipts on line 3 of form 22C and then report business expenses with other expenses (Wiegand, 9th Cir) • Type B = Form 22C: Use net business income to determine CMI

   

• Form :: Line 22A  ::   03 22C  ::   02

  Means Test > Income > CMI six month window 15 . Income: CMI six-month window: When is income "received?" When earned? When paid? • Type A = when it is derived within six month window • Type B = • Type C = must both be derived AND in debtor's control (received) in six month period • Type D = measurement of six-month period

   

• Form :: Line 22A  ::   07 22C  ::   06

  Means Test > Income > Insurance Proceeds 10 . Income: Does it include withdrawal of assets, disability insurance proceeds, tax credits • Type A = Income is "money from one's business, labor, or capital invested; gains, profits, salary, wages...the corpus of assets and investments are not included." • Type B = Income includes replacement income (e.g. proceeds of a private disability insurance policy • Type C = Income includes "earned income tax credit" • Type D = includes unemployment compensation benefits

   

• Form :: Line 22A  ::   09 22C  ::   08

  Means Test > Income > Unemployment Compensation 83 . Income: Is excluding "social security" income bad faith? • Type A = Chatpter 13 plan found in bad faith for faiing to include Social Security income • Type B = Not bad faith to exclude social security income.

   

• Form :: Line 22A  ::   17 22C  ::   13

  Means Test > Income > Household Size > Non-Filing Spouse > Marital Adjustment 5 . Income: Martial adjustment does not include ALL of non-filing spouse's income -- just that portion that contributed to household expenses. • Type A = Spouse payment of own debts not part of household expenses • Type B = Non-filing spouses total income relevant to "totality of circumstances" • Type C = How to handle income of spouse who died in past six months • Type D = Non-filing spouses total income not relevant to means test and cannot be basis of "totality of circumstances"

   

• Form :: Line 22A  ::   07 22C  ::   06

  Means Test > Income > Retirement Income 16 . Income: Pension income vs. IRA withdrawal, etc. • Type A = IRA withdrawal is not income (Zahn) • Type B = 401(k) withdrawals are NOT part of CMI • Type C = 410(k) withdrawals ARE part of CMI

   

• Form :: Line 22A  ::   23 22C  ::   28

  Means Test > Expenses > IRS Allowances > Vehicles > Ownership Costs 1 . Local Standards: Vehicle Ownership/Lease expense allowance -- contingent on existence of loan or lease obligation? (i.e. if owned free and clear) • Type A = Requires loan or lease obligation • Type B = Does not require loan or lease • Type C = Unlike B, must at least show some ownership expenses other than lease or loan still qualify for allowance • Type D = Does not require loan or lease, but lack of such expense may be considered when confirming chapter 13 plan

   

• Form :: Line 22A  ::   20 22C  ::   25

  Means Test > IRS Allowances 41 . Local Standards: Constitutionality of Means Test: Do regional variations in IRS Local Standards raise Constitutional issues? • Type A = Means Test is not unconstitutional for applying different standards based on location

   

• Form :: Line 22A  ::   23 22C  ::   28

  Means Test > Expenses > IRS Allowances > Vehicles > Operation & Maintenance 2 . Local Standards: Does Allowance include IRS's additional $200 allowance for Operating Expense for Older/High Mileage Vehicles? • Type A = $200 IRM is an additional operating expense even if no lease or loan • Type B = Means test does not include additional $200 operating expense. • Type C = Relevant Statutes

   

• Form :: Line 22A  ::   21B 22C  ::   24B

  Means Test > IRS Allowances 38 . Local Standards: Health Care Expenditures • Type A = Debtor allowed to claim IRS allowance in chapter 13 plan, regardless of actual health expenses

   

• Form :: Line 22A  ::   20B 22C  ::   25B

  Means Test > Expenses > IRS Allowances > Housing, Utilities, Mortgage/ Rent 11 . Local Standards: Housing and Utilities AND Mortgage/Rent Expense • Type A = Debtor entitled to whole IRS allowance for housing, even if the actual expense is less • Type B = Debtor NOT entitled to whole IRS housing expense allowance if actual expense is less • Type C = What "non-mortgage expenses" include

   

• Form :: Line 22A  ::   22A 22C  ::   27A

  Means Test > Expenses > IRS Allowances > Vehicles > Operation & Maintenance 12 . Local Standards: Transportation: vehicle operation expense • Type A = Debtor entitled to operation expense, even if actual expense is less • Type B = One debtor can own two vehicles

   

• 55 . Means Test Exclusion: What "primarily consumer debt" means (707(b)(1)); What debts are NOT consumer debts under as defined in section 101(8)? Taxes? Student Loans? • Type A = What is "primarily" • Type B = What is "consumer debt" • Type C = Are student loans 'consumer debt'?

   

• 65 . Non-Dischargeable debts under 523(a): assorted issues • Type A = 523 (a)(6) "willful and malicious" • Type B = 523(a)(7) fines and penalties • Type C = 523(a)(2) $ amount spent on luxury goods within 90 days of filing for relief • Type D = Non-dischargeable debt other than under 523(a)

   

• 50 . Procedure: IF Debt is Not Primarily Consumer Debt (e.g. it's mostly business debt), then Means Test Not Required • Type A = Means test does not apply if debts are not primarily consumer debts.

   

• 56 . Procedure: Miscellaneous Cases on Bankruptcy Procedure • Type A = Standing • Type B = Burden of Proof • Type C = Mandatory v Discretionary • Type D = Discovery Rights

   

• Form :: Line 22A  ::   52 22C  ::

  Means Test > Trustees deadline for claiming abuse 27 . Procedure: Deadline for Trustee to claim "abuse" by debtor - 10 days after 341 meeting • Type A = Runs from date first set for 341 meeting • Type B = Runs from conclusion of 341 meeting - so if it's delayed, so is deadline • Type C = Deadline does not apply to 703(b)(3) motions to dismiss based on "totality of circumstances"

   

• Procedure > Credit Counseling Requirement 48 . Procedure: Failure to compete credit counseling within 180 days of filing requires dismissal • Type A = Case must be dismissed where no certificate of credit counseling completion • Type B = Case must be dismissed where credit counseling was completed MORE than 180 days prior to filing • Type C = Exception made for debtor who failed to complete credit counseling on time • Type D = Can credit counseling be completed on day of filing, or must it be completed the day before filing

   

• Procedure > Hiding assets 71 . Procedure: Hiding assets leads to bad consequences for debtor • Type A = • Type B = Exemption denied to debtor where assets were originally not disclosed and court finds bad faith • Type C = Discharge denied where petition contained lots of errors that were not propmpty fixed

   

• Secured Debts > Proofs of Claim > Documentation 59 . Proof of Claim: Documentation Required for Valid Claim • Type A = Secured treated as unsecured where creditor does not support claim with adequate documentation of security • Type B = No 9011 sanctions for filing an undocumented where due diligence shown • Type C = Credit card claims must break out which parts are penalties

   

• Form :: Line 22A  ::   42 22C  ::   47

  Secured Debts > Ride Through 21 . Secured debt: "Ride Through" still viable after BAPCPA? Can debtor keep keep property by making payments if reaffirmation submitted and rejected by court? • Type A = Ride through not permitted if debtor did not propose a reaffirmation • Type B = Depends on state law issues re waver of right to repossess if current payments are accepted • Type C = "Backdoor Ride Through" permitted where debtor unsuccessfully seeks to reaffirm • Type D = Attorney "Backdoor Ride Through Catch 22": Must sign off on reaffirmation as being in debtor's best interest, so judge can reject as NOT being in debtor's best interest.

   

• Form :: Line 22A  ::   42 22C  ::   47

  Chapter 13 > Secured Debts 19 . Secured Debt: 910 Car Loans > amount includes financing of negative equity? • Type A = Yes. Loan amount for negative equity on old car is protected under section 910 • Type B = No. Negative equity is not included in PMSI • Type C = No. Entire debt is transferred into a non-PMSI claim

   

• Form :: Line 22A  ::   42 22C  ::   47

  51 . Secured Debt: 910 Car Loans > does surrender of undersecured property = satisfaction in full of debt? • Type A = Yes, surrender fully satisfies the debt • Type B = No, surrender does not fully satisfy the debt, the deficiency leaves creditor with an unsecured claim

   

• Form :: Line 22A  ::   42 22C  ::   47

  60 . Secured Debt: 910 Car Loans > Miscellaneous Issues • Type A = Time Period • Type B = Acquired for personal use v. business use • Type C = Purchased for third party

   

• Form :: Line 22A  ::   42 22C  ::   47

  Means Test > Expenses > Secured Debts > Chapter 13 Cram Down 22 . Secured debt: Can debtor take full amount of means test secured debt deduction if secured portion is to be crammed down or stripped off during Chapter 13 plan? • Type A = Yes, Debtor can take full payment rather than cram down amount • Type B = No, debtor can only take cram down payment amount • Type C = Cannot deduct payments for wholly unsecured second mortgages that will be stripped off • Type D = No "phantom expenses" allowed

   

• Secured Debts > Documentation 66 . Secured Debts: Cases concerning whether a security interest has been properly filed • Type A = Requirements for mortgages • Type B = Requirements for improvements to home (e.g. insulation, siding, etc.)

   

• Form :: Line 22A  ::   42 22C  ::   47

  Means Test > Expenses > Secured Debts > Loan Expense Deduction > Surrender 7 . Secured Debts: Expense allowances for collateral that is to be surrendered (see also 9A) • Type A = Expense Allowance allowed for items to be surrendered (Walker) • Type B = Expense allowance NOT allowed for items to be surrendered (Skaggs) • Type C = Expense allowance allowed unless property has ACTUALLY been surrendered (Singletary) • Type D = No "phantom expenses allowed"

   

• Form :: Line 22A  ::   42 22C  ::   47

  61 . Secured Debts: Interest on Secured Debts • Type A = Interest on Secured Debts, generally • Type B = Interest on 910 loans >> Interest = Till rate of interest • Type C = Interest on 910 loans >> Interest = Contract rate

   

• Secured Debts > Lein Avoidance 81 . Secured Debts: Miscellaneous case on lien avoidance

   

• Form :: Line 22A  ::   42 22C  ::   47

  Means Test > Secured Debts > Mortgage Expense Deduction > Surrender 13 . Secured Debts: Mortgage Payment Deduction where Property is to be Surrendered • Type A = mortgage payment contractually due is NOT deductible even if surrender is intended later • Type B = mortgage payment contractually due is deductible even if surrender is intended later • Type C = subordinate mortgages and liens after underwater property are "unsecured" and are therefore not deductible secured payments.

   

• 68 . Secured Debts: Stripping Liens in Chapter 7 using Section 506 not allowed (except in 11th Circuit) • Type A = Lien stripping under 506(d) IS NOT available in Chapter 7 • Type B = Lien stripping under 506(d) IS available in Chapter 7 if lien is wholly unsecured

   

• Form :: Line 22A  ::   52 22C  ::

  Means Test > Special Circumstances > 53 . Special Circumstances: Can't fund a Chapter 13 makes Chapter 7 OK? • Type A = Inability to fund a 13 plan is reason to allow a Chapter 7 despite failing the means test • Type B = Inability to fund a 13 plan is irrelevant - Chapter 7 denied

   

• Form :: Line 22A  ::   52 22C  ::

  Means Test > Special Circumstances > 57 . Special Circumstances: Miscellaneous Cases • Type A = Item is a special circumstance • Type B = Item is not a special circumstance • Type C = Definitions/ descriptions

   

• Form :: Line 22A  ::   53 22C  ::   57

  Student Loans > As Special Circumstances in Chapter 7 30 . Student Loans as "Special Circumstances" to overcome 707(b)(2) presumption of abuse. • Type A = Student loan found as a special circumstance to overcome presumption of abuse • Type B = Student loan does not qualify as special circumstance to overcome abuse presumption

   

• Form :: Line 22A  ::   53 22C  ::   57

  Student Loans > Chapter 13 Hardship Discharge 31 . Student Loans: "Undue Hardship" Discharge Cases under 523(a)(8) • Type A = Debtor failed to meet hardship standard; student loan not discharged • Type B = Debtor met hardship standard; student loan discharged • Type C = Debtor can meet hardship discharge standard even though failed to participate in ICRP program • Type D = Debtor's hardship cannot be self-imposed

   

• Form :: Line 22A  ::   53 22C  ::   57

  Student Loans > Chapter 13 > Creditor Classifications & Discrimination 52 . Student Loans: Discharge possible through plan confirmation and notice, without adversary proceeding • Type A = Plan that approved discharge of student loan is binding on creditor if creditor has proper notice • Type B = No discharge of student loan where there was no adversary proceeding • Type C = Adversary proceeding required, but discharge stands due to creditor's failure to object to plan after proper notice

   

• Form :: Line 22A  ::   53 22C  ::   57

  Student Loans > Chapter 13 > Creditor Classifications & Discrimination 29 . Student Loans: Handling of payments Debts in Chapter 13 • Type A = Cannot discriminate vs. other unsecured creditors • Type B = No discrimination found where student loan paid pro-rata with other unsecured creditors in addition to payments outside of plan

   

• Form :: Line 22A  ::   25 22C  ::   30

  Means Test > Income > Taxes Withholding 3 . Taxes: How are income taxes treated under the means test (actual taxes or amount 'withheld'?) • Type A = Use actual tax liability, not amount withheld; refunds are not income • Type B = refunds are property of the estate to the extent they are attributabe to prepetition income

   

• Exemptions > Tenancy by Entirety 45 . Tenancy by Entirety: Assorted issues • Type A = How to value a single spouses share of entireties property for bankruptcy purposes • Type B = TBE Law is "In Rem" -- based on where the property is located,unlike other exemptions, which are "in personam" -- based on where the person i.e.. the property owner) is located.

   

• Procedure > 63 . Trustee's right to set aside "preferential" pre-petition transactions • Type A = Transfers to relatives • Type B = Transfers to creditors under unsavory circumstances • Type C = Transfer to a creditor