The Means Test for Chapter 7s – Part VI

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

E.      Special Circumstances In Chapter 7 Cases:

The debtor may rebut the presumption of abuse by demonstrating special circumstances, such as a serious medical condition or a call or order to active duty in the Armed Forces, to the extent such special circumstances that justify additional expenses or adjustments of current monthly income for which there is no reasonable alternative.  See, 11 U.S.C. §707(b)(2)(B)(i); Calhoun v. United States Tr., 650 F.3d 338, 341 (4th Cir. 2011).

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