Americans DO See More Class Conflict

Many more Americans now believe that strong conflicts exist between the rich and the poor. After years of very high unemployment, millions of home foreclosures, and months of the Occupy Movement dominating the news, maybe this is not so surprising. But there ARE some unexpected and important twists in this change in attitude.   Earlier […]

The Far Limits of the Means Test

Very few people who want to file Chapter 7 bankruptcy need to take the means test all the way to its limits. But if you do, you better have some iron-clad “special circumstances” to defeat your “presumption of abuse.”   The means test triggers whether or not your case is presumed to be an abuse […]

The Arbitrariness of the “Objective” Means Test

The means test is supposed to be an objective way to decide who qualifies to file a Chapter 7 bankruptcy. So what’s so objective about whether your “monthly disposable income” is less than $117 or more than $195? Sounds pretty arbitrary to me. Before getting to this step of the means test, let me bring […]

The “Black Box” of the Means Test

What happens if you make too much money so that you are over “median income,” but you still want to file a Chapter 7 case? You get to go through the “black box” that is the expenses side of the means test.   In the last couple of blogs I’ve covered the first part of […]

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