HOLY CREEPING LANNINGISM BATMAN! – CHAPTER 13 CONCEPTS INVADING THE CHAPTER 7 MEANS TEST? • NACTT Academy

HOLY CREEPING LANNINGISM BATMAN! – CHAPTER 13 CONCEPTS INVADING THE CHAPTER 7 MEANS TEST?

By John P. Gustafson, Chapter 13 Trustee for the Northern District of Ohio, Western Division

Once upon a time, a short time ago, there was pretty much a consensus on a bankruptcy issue.

Shocking, I know!

The concept that the Chapter 7 Means Test was essentially a mechanical, backward-looking test was relatively settled. Thus, deductions for secured claims – such as mortgage or a motor vehicle loan – would be deductible if it remained “contractually due” at the time of filing, based on the language of Section 707 . . .

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