Californians: did you know property taxes were due earlier this week? Huh? you say. Property taxes are due in April and December. Wrong. Property taxes are due February 1st and November 1st. They are delinquent if not paid by April 10th and December 10th. Interesting, you say. But what’s the implication for bankruptcy’s means test? […]
Means Test: Mean and Meaningless
By Filed Under: Means test, Opinionated
Years after BAPCPA became law, I’m still grinding my teeth about the inanity of the means test. It consumes a huge amount of my time, gathering numbers about the cost of telecommunications services and my client’s projected costs of health care. I get to know more about their ailments than anyone but their spouse and […]
Means Test: Getting Business Income Correct
By Filed Under: Bankruptcy Practice, Means test
I expect clients to conflate themselves and their wholly owned business corporation; I didn’t expect the new bankruptcy lawyer to treat the corporation as if it didn’t exist. Yet as I reviewed a B-22 for a rookie bankruptcy lawyer, I found all of the corporation’s gross income included in the means test for the individual […]
Means Test & Creditors Claims: Enough is Enough
By Filed Under: Means test
When the means test projected disposable income number is greater than 100% of the unsecured claims, full repayment is sufficient. The means test calculation only kicks in under §1325(b) if a party objects; no one objects to repayment of everything that is owed. A new bankruptcy attorney brought me a B 22 form for a […]
Getting the Most from the Means Test
By Filed Under: Means test, Start Here
When the means test look back period for a well paid individual includes the end of the year, a bankruptcy lawyer cannot rely on the paystubs to define the tax deductions. That’s because contributions to Social Security and other some other taxes are capped at certain income levels. Wages above the cap are not subject […]
Bankruptcy Schedules Look Forward and Backward
By Filed Under: Bankruptcy Practice, Means test, Start Here
New bankruptcy lawyers are often frustrated by the internal inconsistencies required by the “reformed” Bankruptcy Code. Whether it’s rational or not, the means test income figure looks backward while the means test expenses set forth are prospective. Some of those prospective expenses are actual (taxes ) while others are contractual (mortgage payments). Social Security income […]
