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The United States Trustee program has since said it would not attempt to enforce the means test rules for disaster victims, including those affected by Hurricane Katrina. [34] The Justice Department Trustees oversee the administration of bankruptcy law and are able to file the motions necessary to enforce the means test.
FIA Card Services, N. A., 562 U.S. 61 (2011), is a decision by the Supreme Court of the United States involving the means test in Chapter 13 of the United States Bankruptcy Code. The means test had been adopted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and Ransom is one of several cases in which the Supreme Court ...
The means test was intended to make it more difficult for a significant number of financially distressed individual debtors whose debts are primarily consumer debts to qualify for relief under Chapter 7 of the Bankruptcy Code. The "means test" is employed in cases where an individual with primarily consumer debts has more than the average ...
Eligibility criteria and means testing. Determining your eligibility for Chapter 7 or Chapter 13 bankruptcy involves passing a means test based on your income and expenses. The calculations can be ...
The bankruptcy court reviews this proposal and assigns a trustee to oversee the case. ... Chapter 7 is generally available to lower-income individuals who pass a means test. If you earn more than ...
Decide if you will file for Chapter 7 or Chapter 13 bankruptcy. ... You must have an average monthly income lower than the median income for your state or pass a means test.
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