Bankruptcy by Keyword:
Chapter 13 .
Case Law Topics
The new law can pose a catch 22 for debtors if the means test forces them into Chapter 13 although their actual disposable income is inadequate to fund a Chapter 13 plan. Some courts have held that this Catch 22 is avoided by ruling that the Chapter 7 means test is not applicable to cases "Filed under" chapter 13 and then converted to Chapter 7
For converted cases, the case law appears to agree that the six-month income measurement period is based on the date of the filing of the original petition: conversion does not reset that date.