USEFUL LINK: U.S. Trustee Position on Means Test – Chapter 13

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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

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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……

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