This post is one of the many “Useful Links” you will find on this website’s “Useful Links” page. Links on the “Useful Links” page are in a sortable table by category and subject matter. That page has links to articles or sites that are useful on various subjects. If you have a suggesting for another “useful link” to add to our list, please contact us and let us know.
Subject: U.S. Trustee Position on Means Test – Chapter 13
Useful Link: U.S. Trustee Position on Means Test – Chapter 13 , http://www.justice.gov/ust/eo/bapcpa/docs/chapter13_analysis.pdf
STATEMENT OF THE U.S. TRUSTEE PROGRAM’S POSITION ON LEGAL ISSUES
ARISING UNDER THE CHAPTER 13 DISPOSABLE INCOME TEST
Following is a line-by-line summary of Form 22C and various recurring disposable income issues likely to arise in chapter 13 under the BAPCPA provisions of 11 U.S.C. § 1325(b). The summary gives the position of the United States Trustee Program (USTP) on these issues. For ease of reference, the USTP positions are listed in summary fashion without citation to legal authority. The referenced lines are those on the Form 22C. Unless a circuit court has decided an issue to the contrary, United States Trustees should maintain these positions when interpreting section1325(b).
Many of the issues listed below are identical to issues arising in the chapter 7 means test under 11 U.S.C. § 707(b). However, several of the issues below are unique to the chapter 13 disposable income test. The USTP positions listed below reflect an intent to harmonize the chapter 7 means test with the chapter 13 disposable income test for above-median debtors……