Welcome To The MN Bankruptcy Blog

Inside you will find over 500 helpful articles discussing the Chapter 7 & 13 Bankruptcy Process and other solutions for difficult financial situations.

 

    I Failed the Bankruptcy Means Test: Now What? Part 2

    Posted by Wesley Scott on January 4

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) includes a means test set forth primarily in subsection 707(b) of the Bankruptcy Code. The Code provides that a case may be dismissed if "the granting of relief would be an abuse of the provisions of this chapter." The formula for determining whether a presumption of abuse exists is called the means test. 

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    I Failed the Bankruptcy Means Test: Now What? Part 1

    Posted by Wesley Scott on December 21

    The Bankruptcy Means Test is a legislative attempt at a formula that measures the ability of debtors to repay unsecured creditors over a period of time. The means test is a backward-looking litmus test using mathematical computations to help the court determine if the debtor is abusing the system by filing a Chapter 7 bankruptcy. The objective of the bankruptcy means test was to remove judicial discretion from the process of determining if the abuse exists.

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    What Is Counted as Income in Bankruptcy?

    Posted by William Kain on February 27

    Are you considering bankruptcy and wondering what counts as income? Understanding what is counted as income in bankruptcy is crucial for navigating the process. In bankruptcy, income includes wages, rental income, alimony, and more, excluding Social Security benefits.

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