The Means Test – Keep Moving To The Egress

By John Gustafson, Standing Chapter 13 Trustee, Northern District of Ohio, Western Division

A.        This Is Not The Old Debtor-Friendly Bankruptcy Code.

Remember the ‘good old days’?  When debtor’s counsel walked into bankruptcy court and tossed out “this is a court of equity”, presented a few favorable facts – maybe put your debtor on the stand to cry a little.  And most of the time, that would do it, and you would win.

With the passage of the BAPCPA in 2005, and the Ransom decision interpreting those statutory changes, the bankruptcy landscape has changed significantly . . .

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